United States v. David Blair Craft

Appellant was convicted of failing to report for induction. 50 U.S.C. App. § 462. He was sentenced to two years probation on condition that he perform some work in the national interest for that period. On appeal defendant contends that the Selective Service System made several errors which denied him due process of law; he also contends that the trial court made certain errors which necessitate reversal. We disagree and affirm.

I.

Appellant makes six claims of prejudicial error respecting his processing by the Selective Service System.

1. Denial of Personal Appearance. Appellant first argues that he was denied a personal appearance before his local board. However, he did not make a timely request as required by 32 C.F.R. Section 1624.1(a). He wrote a letter to his local board on May 11, 1964 some 13 months after he had been classified 1-A. In this letter defendant asked for information on the proper method of reasserting his claim to conscientious objector status. To this the board responded, perhaps unsympathetically, by again classifying defendant 1-A on May 12, 1964. Assuming that this letter can be construed as a request for a personal appearance, it is far- too late as to…