Mitchell Paul Dobrenen v. United States

Appellant was charged with and convicted of wilfully refusing to submit to induction into the Armed Forces of the United States in violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq., § 462(a).

Appellant registered originally in 1948 and filled in Series XIV of his classification questionnaire relating to conscientious objection, and later filed with the Board SSS Form 150, Special Form for Conscientious Objector. He was classified IV-E on November 8, 1950, and on November 23, 1951, was classified I-O. 2 He was sent, in 1952, an Application of Volunteer for Civilian Work, SSS Form 151, but returned it to the board without filling it in, with an accompanying letter in which he stated:

The board then changed his classification to I-A and notified him of this, and within the required time he appealed from this classification and requested a personal appearance before the board. He was given this appearance but the board retained him in class I-A. He appealed this classification and his file was forwarded to the Appeal Board and he was in turn given an investigation and hearing by the Department of Justice, in accordance with applicable…

concurring.

I concur in the result herein on the ground that the résumé of the investigative report given the registrant Dobre-nen was not a fair summary of the report and recommendation furnished the Appeal Board of the Selective Service System at Los Angeles by the Department of Justice. The summary is not particularly adverse to the registrant; the full report is.

I am not sure that if the résumé had been an accurate summary of the recommendation that Gonzales v. United States, 348 U.S. 407 , 75 S.Ct. 409 , 99 L.Ed. 467 , would require us to reverse. Of course, as pointed out by Judge Stephens, the trial court did not have the advantage of the Gonzales case which was handed down after the trial.

JAMES ALGER FEE, Circuit Judge, concurring.

I concur in the result.

235 F.2d 273 Mitchell Paul DOBRENEN, Appellant, v. UNITED STATES of America, Appellee. No. 14636. United States Court of Appeals Ninth Circuit. June 26, 1956. J. B. Tietz, Los Angeles, Cal., for appellant. Laughlin E. Waters, U. S. Atty., Louis Lee Abbott, Cecil Hicks, Jr., Los Angeles, Cal., for appellee. Before STEPHENS, FEE and CHAMBERS, Circuit Judges. STEPHENS, Circuit Judge. 1 Appellant was charged with and convicted of wilfully refusing to submit to induction into the Armed Forces of the United States in violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq., § 462(a). 1 2 Appellant registered originally in 1948 and filled in Series XIV of his classification questionnaire relating to conscientious objection, and later filed with the Board SSS Form 150, Special Form for Conscientious Objector. He was classified IV-E on November 8, 1950, and on November 23, 1951, was classified I-O. 2 He was sent, in 1952, an Application of Volunteer for Civilian Work, SSS Form 151, but returned it to the board without filling it in, with an accompanying letter in which he stated: 3 "To whom it may consern [sic]. I am considering taking a…