United States v. Michael Porter Leavy

Michael Leavy was convicted of wil-, fully refusing induction into the Armed Forces in violation of 50 U.S.C.App. § 462 and 32 C.F.R. 1632.14. The principal issue, as in most draft cases, is the validity of the induction order. We affirm.

On November 29, 1965, Leavy submitted to his local board Selective Service Form 150, Request for Conscientious Objector Status. His request was denied after a hearing before the local board and he was placed in class I-A.

The appeal board referred the matter to the Justice Department, following the now-superseded procedure, see United States v. Haughton, 413 F.2d 736 (9th Cir.1969), but elected to continue Leavy in class I-A after receiving an unfavorable recommendation from the Chief of the Conscientious Objector Section. Ordered to report for induction on June 7, 1967, and again on January 9, 1968, Leavy failed to cooperate with induction center personnel and was not inducted. This prosecution involves his failure to appear at the induction center on May 21, 1968, in response to a third order to report. He alleged illness, but a jury found this a sham. Legal issues were tried to the court.

Leavy argues that the induction order was invalid…