United States v. Joseph Robert Steven Brossard

Appellant Joseph Brossard was indicted and convicted for his failure to report for induction in violation of 50 U.S.C. App. § 462. Appellant contends that the local board improperly processed his conscientious objector claim. The United States District Court for the Central District of California, Judge Albert Lee Stephens, Jr., rejected this defense, and appellant filed the instant appeal to this court which has jurisdiction under 28 U.S.C. § 1291 .

The Notice to Report for Induction was sent appellant on October 26, 1966, ordering appellant to report for induction on November 15, 1966. On November 10, 1966, appellant submitted a completed Form 150, which he contends constitutes a prima facie case for conscientious objector status. However, 32 C.F.R. § 1625.2 provides that “the classification of a registrant shall not be reopened after the local board has mailed to such registrant an Order to Report for Induction * * * unless the local board first specifically finds there has been a change in the registrant’s status resulting from circumstances over which the registrant has no control.” For the purposes of this case it makes no difference whether the registrant’s views on…