Leon Leonard Mizrahi v. United States

Following trial to the Court, sitting without a jury, a jury trial having been expressly waived, in writing, in the manner and form required by law, appellant, Leon Leonard Mizrahi, was convicted of having refused induction into the Armed Forces in violation of See. 12 of the Universal Military Training and Service Act, 50 U.S.C.App. § 462, and on the 29th day of November, 1967, was sentenced to the custody of the Attorney General for a period of three years. He appeals, invoking the jurisdiction conferred on this Court by 28 U.S.C. §§ 1291 , 1294.

The appellant registered on May 22, 1956, while a high school student, with Local Board No. 118, Gardena, California. He was placed in Class I-A on June 3, 1956.

On June 10, 1957, the Local Board received the Classification Questionnaire (Form SS-100), in which no claim of conscientious objector was made.

Appellant remained classified as I-A until November 4, 1959, when he was reclassified in Class II-S (Student Deferment) because of his enrollment as an undergraduate at a university. Thereafter, and until September 9, 1964, appellant remained classified in II-S, during which period he completed his undergraduate work at the…