United States v. Curtis Arthur Chapel

This appeal is from an Order revoking probation.

Chapel was convicted for having refused induction into the military service. 50 U.S.C. App. § 462(a). The judgment of conviction, imposed on January 24, 1969, followed a jury’s determination of Chapel’s guilt. The sentencing judge awarded probation for a period of three years. The conditions of probation, in pertinent part, were that Chapel “obey all local, state and federal laws,” “that he comply with the rules and regulations of the Probation Department,” that he “conduct himself as a law-abiding, industrious citizen,” and that he perform work at a certain specified hospital if work should be there available, or if not, at such other charitable institution as the court might direct. Chapel did not appeal. Thereafter, on April 18, 1969, the district judge revoked Chapel’s probation and committed him to confinement for a term of five years.- This appeal followed.

The original indictment against Chapel followed his surrender of his Selective Service registration card to his draft board as an expression of his pacifist views. He was reclassified as a I-A delinquent, and there was a consequent acceleration of the time for his…