George M. Vasilj v. United States

This is an appeal from a conviction for refusal to submit to induction under the Universal Military Training Act, 50 U.S.C. App. § 462.

Appellant properly registered with his local board and was initially classified II-S. On August 8, 1966, he was classified I-A. A timely appeal was taken. In a personal appearance before his local board and in his statement to the appeal board, appellant claimed that he was the “sole surviving male member of (his) family”. This claim has now been abandoned.

The appeal was denied September 21, 1967. On November 29, 1967, appellant was ordered to report for induction on December 12, 1967. A temporary restraining order was issued by this court. By letter dated January 2, 1968, the local board ordered appellant to report for induction on January 24, 1968, calling his attention to his continuing duty to report for induction under Selective Service Regulation 1642.2. Appellant failed to report for induction, and this prosecution followed.

In the meantime, on December 7, 1967, appellant filed a suit against his local board for damages and for an injunction to prevent his induction. The district court held that it lacked jurisdiction in light of 50…