United States v. William Alan Callison

The Supreme Court has remanded this case to us for further consideration in light of Welsh v. United States, 398 U.S. 333 , 90 S.Ct. 1792 , 26 L.Ed.2d 308 (1970). Our original decision appears at 413 F.2d 133 (9th Cir. 1969). The Supreme Court action is noted sub nom. Morico v. United States, 399 U.S. 526 , 90 S.Ct. 2230 , 26 L.Ed.2d 776 (1970).

We did not reach appellant’s Welsh argument in our original opinion. Instead, we rested our decision on the ground that there was a basis in fact in the record for a determination that appellant’s beliefs were not sincerely held.

We have concluded, however, that in light of intervening decisions by this court in United States v. Atherton, 430 F.2d 741 (9th Cir. 1970), and United States v. Haughton, 413 F.2d 736 (9th Cir. 1969), our original decision cannot stand.

I

Appellant’s local board, in denying him conscientious objector status stated:

In concluding that appellant’s beliefs, even if sincerely held, did not fall within the statutory definition of a conscientious objector, the local board applied a standard that was contrary to Welsh v. United States, supra.

The administrative file discloses no findings by the appeal board. All…