Steven Michael Oshatz v. United States
Opinion
Opinion
Weigel, J.
On February 20, 1967, appellant Steven Michael Oshatz was found guilty of having refused induction into the armed forces in violation of the Universal Military Training and Service Act § 12(a), 50 U.S.C. App. § 462(a) (1964), as amended, (U.S.C.A. App.Supp., 1967). He was sentenced to the custody of the Attorney General for a period of three years. This appeal followed. Our jurisdiction rests Upon 28 U.S.C. §§ 1291 ,1294 (1964).
Oshatz registered with Local Board No. 100 on November 4, 1958. On October 5, 1959, the local board received from him a completed Classification Questionnaire (SSS Form No. 100). In this questionnaire Oshatz did not sign the section relating to conscientious objection, nor did he request Special Form for Conscientious Objection (SSS Form No. 150). On October 2, 1961, Oshatz was classified I-A. He was ordered to report for a physical examination on June 5,1963, and thereafter was certified acceptable for military service.
The board received Current Information Questionnaires from Oshatz on May 22, 1963, and June 14, 1965. In neither did he claim the status of conscientious objector.