United States v. Daniel Leslie Brandt

Defendant, Daniel L. Brandt, was tried and convicted for failure to report for physical examination and refusal to submit to induction into the Armed Forces of the United States. (50 U.S.C. App. § 462) We reverse.

I. STATEMENT OF FACTS

Defendant registered with the Selective Service on December 27, 1965. He was initially classified I-A, but appealed that decision and was reclassified II-S (Student) on November 4,1966. On February 5, 1968, the Board classified Brandt II-S until October, 1968. The Notice of Classification form sent to defendant was returned in its original envelope marked “Refused — Daniel L. Brandt.” After receiving letters from the Department of Justice and the California Headquarters of the Selective Service System disclosing that Brandt had relinquished his registration and classification cards and had expressed support and sympathy for another individual who had been indicted for violation of the Selective Service laws, the Board sent a warning to Brandt stating that it was considering declaring him to be delinquent for failure to have in his possession a registration certificate. On June 6, 1968, Brandt was classified I-A and was ordered to report for…