United States v. David Mizrahi

417 F.2d 246 UNITED STATES of America, Appellee, v. David MIZRAHI, Appellant. No. 23405. United States Court of Appeals Ninth Circuit. September 18, 1969. J. B. Tietz (argued), Los Angeles, Cal., for appellant. Theodore E. Orliss (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Chief, Crim. Div., Los Angeles, Cal., for appellee. Before ELY, CARTER, and HUFSTEDLER, Circuit Judges. ELY, Circuit Judge: 1 Mizrahi seeks reversal of his conviction for having refused to submit to induction under the Universal Military Training and Service Act, 50 U.S.C. App. § 462. 2 On March 12, 1965, Mizrahi registered with Local Board No. 101 in Los Angeles, California, and, on May 4, 1966, he received a I-A classification. Shortly thereafter, on May 31, 1966, Mizrahi obtained a Special Form for Conscientious Objectors (SSS Form No. 150) which he completed and personally returned the following day. In that form, the appellant initially claimed that his beliefs were such that he should be exempt from both combatant and noncombatant service (class I-O); however, upon appearing before his local board, Mizrahi indicated that he would accept a…

Mizrahi seeks reversal of his conviction for having refused to submit to in *248 duction under the Universal Military Training and Service Act, 50 U.S.C. App. § 462.

On March 12, 1965, Mizrahi registered with Local Board No. 101 in Los Angeles, California, and, on May 4, 1966, he received a I-A classification. Shortly thereafter, on May 31, 1966, Mizrahi obtained a Special Form for Conscientious Objectors (S.SS Form No. 150) which he completed and personally returned the following day. In that form, the appellant initially claimed that his beliefs were such that he should be exempt from both combatant and noncombatant service (class I-O); however, upon appearing before his local board, Mizrahi indicated that he would accept a classification which would exempt him only from combatant training and service (class I-A-O). 1 When he amended his SSS Form No. 150 to reflect this change of heart, the board, on June 1, 1966, classified him I-A-O.

Unhappy with the classification which he had received, Mizrahi subsequently sought review of his status. The local board authorized his appeal and forwarded his file to the appropriate Selective Service appeal board. On April 20, 1967, the…

(dissenting):