Russel Milton Wills v. United States

Good Law
384 F.2d 943·1967 U.S. App. LEXIS 4981
United States Court of Appeals for the Ninth CircuitOctober 3, 196721378California1,748 words

Opinion

Opinion

Merrill, J.

Appellant stands convicted of refusal to submit to induction into the Armed Forces in violation of 50 U.S.C.App. § 462 and 32 C.F.R. § 1632.14 . He has taken this appeal from judgment.

The basis of his refusal to be inducted was his contention that he was classified I-A and summoned for induction because of his action in destroying his draft card as a protest against the Government’s policies and actions with respect to Vietnam, and that his classification into I-A was void as a violation of his constitutional right to freedom of speech.

On October 15, 1965, appellant, a full-time student with a II-S deferment, wrote the following letter to his local draft board in Berkeley, California:

On October 23, 1965, appellant was notified by his loéal board that he had been reclassified I-A. No reason for reclassification was given, although the notice advised him of his right to a personal appearance and to an appeal, and also stated: “FOR INFORMATION AND ADVICE GO TO ANY LOCAL BOARD.” Appellant did not request a personal appearance or take an appeal. On January 31, 1966, he was ordered to report for induction. On February 24, 1966, he refused induction.

I. Exhaustion of…

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