United States v. Randall Theodore Milliken

Randall Theodore Milliken was indicted by the United States Grand Jury for the Northern District of California on a charge of refusing to submit to induction into the armed forces of the United States in violation of 50 App. U.S.C. § 462(a). He requested and received permission to represent himself at the trial but the court appointed an attorney to stand by for any aid and assistance he could furnish defendant. A jury con victed defendant and he was sentenced to the custody of the Attorney General of the United States for a period of two years. His appeal raises these issues:

1. Did the local board deny defendant due process in not reclassifying him after he requested reconsideration in the light of United States v. Seeger, 380 U.S. 163 , 85 S.Ct. 850 , 13 L.Ed.2d 733 (1965) ?

2. Do the Selective Service laws, as amended, discriminate against nonreligious objectors in violation of the first amendment?

Milliken registered with Local Board 31, Martinez, California, on November 27, 1964, a short period after his 18th birthday. He was given two student deferments and thereafter on July 4, 1966, defendant sent a letter to his local board in which he volunteered for the draft but…