United States v. Darrell Edward Hughes

Darrell Edward Hughes, a 1-0 conscientious objector in the selective service system, appeals from his conviction for failing to report for assigned civilian work in lieu of induction into the Armed Forces. Most of the questions he presents on appeal relate to the facts that: (1) the clerk of the local board issued the “Order to Report,” not on the basis of an express order of the board, but upon the basis of a purportedly implied order, and (2) no board order to report for civilian work, express or implied, was made after the approval and authorization of the Director of Selective Service had been received. We are accordingly confronted with problems similar to those dealt with by this court in Brede v. United States, 9 Cir., 396 F.2d 155 (Brede I), as modified on rehearing, 400 F.2d 599 (Brede II).

Hughes was classified 1-0 on January 14, 1965. He underwent a physical examination on April 5, 1966, and was found acceptable. Normal preliminary procedures were then followed by the local board preparatory to ordering Hughes to report for assigned civilian work in lieu of induction. On July 26, 1966, the clerk of the local board mailed Hughes a notice to appear at a meeting with the…