Danny Roy Shoemaker v. United States

Danny Roy Shoemaker, classified in the selective service system as I-O, failed to report to assigned civilian work as ordered by his local draft board. He was indicted for knowingly failing to perform a duty in violation of Section 12(a) of the Universal Military Training and Service Act (Act), 62 Stat. 622 (1948), 50 U.S.C. App. § 462(a) (1964). Following a non-jury trial he was convicted and given a three year sentence under 18 U.S.C. § 4208 (a) (2) (1964). This appeal followed.

Shoemaker argues that he should have been acquitted because he presented a prima facie case for a IY-D ministerial classification and he asserts that no evidence whatsoever appears to rebut the claim. Under a IV-D classification a registrant, as in the case of a I-O classification, is exempt from induction. But one classified IV-D, unlike a I-O registrant, is not subject to a board order requiring him to engage in selected civilian employment for any period of time. See section 6(g) of the Act, 62 Stat. 611 , 50 U.S.C. App. § 456(g) (1964); Daniels v. United States, 9 Cir., 372 F.2d 407, 409, note 2 .

Shoemaker did not defend in the trial court on the ground that he was entitled to a IV-D…