United States v. Richard Damien Ehret

Richard Damien Ehret appeals from his conviction, under 50 U.S.C. Appendix § 462, for refusing to submit to induction into the Armed Forces of the United States. We affirm.

Defendant argues that he should have been acquitted because the Selective Service Act of 1967 is void for the reason that Congress lacks the power to conscript. The United States Supreme Court held to the contrary as recently as United States v. O’Brien, 391 U.S. 367, 377 , 88 S.Ct. 1673 , 20 L.Ed.2d 672 (1968).

Defendant next contends that he should have been acquitted because, contrary to Selective Service regulations, the order for his induction was not entered pursuant to a meeting of his local board, but was issued by the clerk of the board acting without such authority. Similar contentions have been rejected in several recent decisions of this court. See Rusk v. United States, 419 F.2d 133, 135 (9th Cir. 1969), and cases there cited.

Finally, defendant urges that he should have been acquitted because his local board failed to provide him with a medical interview as provided for in 32 C.F.R. 1628.2(a) and (b).

No such contention was advanced in the trial court. Counsel for defendant there moved for…