United States v. Phillip Michael Kanner

The appellant was convicted in a trial without a jury of refusing to be inducted into the armed forces and sentenced to three years imprisonment. We affirm.

The case presents two questions:

1. Is a selective service registrant entitled, under the facts of this case, to have his classification as I-A reopened when he files his claim as a conscientious objector, after there is mailed to him a notice of induction? Involved in the question is whether this case is within Ehlert v. United States, in which a hearing in banc has been granted.

2. Was there a basis in fact for the registrant’s claim for a II-A occupational deferment which required a reopening of his case and reconsideration by the draft board ?

The selective service file of appellant discloses that when he completed his classification questionnaire on March 25, 1963, he made no claim to be a conscientious objector, but rather marked Series VIII pertaining thereto, “Does not apply.” Appellant was classified I-A on November 10, 1965. On appeal this classification was changed to II-S, student deferment, until June 1966. Appellant was again classified I-A on December 14, 1966 and so notified on December 21, 1966. He again…