United States v. Robert Mike Schrader

Appellant, Robert Mike Schrader, was found guilty, following a non-jury trial in the District Court for the Western District of Washington, on a single count indictment charging a violation of 50 U.S.C. App. § 462 (Failure to Submit to Induction into the Armed Forces).

Appellant was classified I-A in April, 1966, and no challenge was made to this action. He was ordered to report for induction on June 18, 1968, following three postponements at his request. He failed to report and was ultimately convicted for this failure.

On November 25, 1968, appellant requested an SSS Form 150 (Conscientious Objection) from his local board. On December 24, 1968, more than six months after his failure to report for induction, he submitted the Form 150 to the local board. It was considered and rejected without reopening his classification.

The authority in this circuit is legion that a registrant is not entitled to a reopening to consider a claim for conscientious objection which is made after a failure to report for induction. United States v. Hart, 433 F.2d 950 (9th Cir. 1970); United States v. Lloyd, 431 F.2d 160 (9th Cir. 1970); United States v. Blakely, 424 F.2d 1043 (9th Cir. 1970); United…