Daniel Alexander v. United States

This court has consistently held that, absent exceptional circumstances, the failure of a selective service registrant to seek an administrative review of his classification precludes him from asserting a claim of conscientious objection as a defense in a prosecution for refusing to submit to induction. Lockhart v. United States, 420 F.2d 1143 (9th Cir. 1970) (Citing numerous cases).

We are now urged to take a great leap backward and hold that a registrant who deliberately refuses to make a claim of conscientious objection to his local board in the first instance should nevertheless be permitted to urge that claim as a defense.

We decline to do so. The same considerations discussed in Lockhart , which dictate the exhaustion of administrative remedies doctrine, likewise compel the initial filing of a conscientious objection claim with a registrant’s local board.

Judgment affirmed.

. On the basis of evidence tendered in an offer of proof, the district court declared (orally) “The court will specifically find that the defendant, as requested by defense counsel, is sincere in his beliefs and is based upon religious training and belief with respect to not desiring to serve in the…