United States v. Moss David Posner

Moss David Posner appeals from a judgment convicting him for knowingly failing and refusing to be inducted into the armed forces of the United States in violation of 50 U.S.C.App. § 462. He asserts that his local board should not have reclassified him from II-A to I-A and, in the alternative, the board should have reclassified him III-A or I-O. He argues that the district court should therefore have granted his motion for judgment of acquittal.

Posner was reclassified from IIA (occupational deferment) to I-A (available for military service) on May 12, 1966. He requested a personal appearance and an appeal from this local board action, not on the ground that his classification should remain II-A, but on the ground that he should be reclassified III-A (hardship). It follows that Posner has no grievance because of the loss of his II-A classification, since he did not ask for its continuance.

Posner is a medical doctor. During his personal appearance before the local board on August 11, 1966, he stated that his wife’s parents were medically disabled and dependent upon him. This led his board to reclassify him III-A on September 21, 1966. The State Director appealed that…