United States v. Asa John Berger

Convicted of refusing to submit to induction into the Armed Forces of the United States (50 U.S.C. App. § 462), Berger appeals. We affirm. We have ruled against each of his contentions in previous decisions.

1. The members of his local board were all residents of the county, as required by 50 U.S.C. App. § 460(b) (3). However, two of the three resided outside the area in which the board had jurisdiction. 32 C.F.R. § 1604.52 . We have held that the regulation is directory, not mandatory. United States v. Reeb, 9 Cir., 1970, 433 F.2d 381 ; United States v. Wallace, 9 Cir., 1970, 435 F.2d 12 .

2. When Berger registered with his local board on April 1, 1964, he did not claim to be a conscientious objector. He first made such a claim in a document received by his board on July 3, 1968, after he had refused to be inducted on June 26, 1968. The board was under no duty to consider this claim. Palmer v. United States, 9 Cir., 1968, 401 F.2d 226 ; United States v. Blakely, 9 Cir., 1970, 424 F.2d 1043 , and cases cited. Moreover, his form 150 showed on its face that his beliefs long antedated the order for induction. United States v. Pieters, 9 Cir., 1970, 423 F.2d 1200 ; United States v.…