United States v. Roger Sutton Smith

Smith was convicted of violating 50 U.S.C.App. § 462 in that he refused induction into the Armed Forces of the United States. We affirm. He raises three separate issues on this appeal. We consider each separately.

1. Was the induction order issued on September 6, 1967 valid?

Smith was classified 1-A. He argues that his induction notice was invalid because it was signed by the clerk of his local board, and because there was no indication that the board had ever met to select him and order him inducted. These arguments are not available in this circuit. United States v. Bowen, 9 Cir., 423 F.2d 266 ; United States v. Hulphers, 9 Cir., 421 F.2d 1291 ; Rusk v. United States, 9 Cir., 419 F.2d 133 ; cf. United States v. Stark, 9 Cir., 418 F.2d 901 (in banc).

2. The finding of acceptability.

Smith next argues that the local board erred in refusing his attempt to appeal a finding of physical acceptability. As we shall see, it is doubtful whether he attempted such an appeal. But assuming that he did, we find that the regulations were substantially followed, and, in any event, that there was no prejudice shown.

Smith relies on 32 C.F.R. § 1628.1 . He also cites Army Regulation 40-501,…