David Leroy Daniels v. United States

Appellant’s original conviction for violation of section 12(a) of the Universal Military Training and Service Act, 50 U.S.C. Appendix § 462(a), was reversed in Daniels v. United States, 372 F.2d 407 (9 Cir. 1967). This appeal is from his reconviction on the new trial there granted. We affirm.

The situation is the common one occurring in the Selective Service System from claim being made by the members of the sect of Jehovah’s Witnesses that each of them is a minister. Appellant sought a IY-D classification (minister of religion), was found by his local board and his appeal board to be entitled only to a 1-0 classification (conscientious objector) ; and refused thereafter to obey the order of his local board to report to perform “civilian work contributing to the maintenance of the national health, safety, or interest”, 50 U.S.C. Appendix § 456(j), which the board had deemed appropriate in the situation.

The primary contention here is that there was no basis in fact for the board’s denial of appellant’s claim to a IV-D classification. The record amply demonstrates the contrary. As indicated by the District Court, the file of the board showed that appellant had stated in his…