United States v. David Michael Rehfield

Rehfield was adjudged guilty of knowingly destroying his draft card in violation of 50 U.S.C.App. § 462(b) and of knowingly failing to possess his draft card in violation of 50 U.S.C.App. § 460. The trial judge sentenced him as a “young adult offender” under 18 U.S.C. §§ 4209 , 5010(b); this single order of commitment applied to the conviction under both charges. We affirm.

1. Section 462(b) is constitutional.

Rehfield asserts that the 1965 amendment of Section 12(b) (3) of the Universal Military Training and Service Act (now the Selective Service Act of 1967), 50 U.S.C.App. § 462(b) (3), is unconstitutional as an abridgment of free speech on its face and as applied.

His claim is foreclosed by United States v. O’Brien, 1968, 391 U.S. 367 , 88 S.Ct. 1673 , 20 L.Ed.2d 672 .

2. The privilege against self-incrimination is not involved.

Rehfield next complains that because failing to register for the draft is a crime, “[t]o be forced then to be subject to examination as to whether or not one has proof of such registration is in effect to force a person to testify against himself.” The point is not presented by this appeal, and we express no opinion as to its validity. The charge…