United States v. Robert Zachary Feldman

Robert Feldman stands convicted on a two-count indictment charging him with failure to report for induction into the Armed Services on March 19, 1968, and refusing to be inducted on October 8, 1968. Both counts charge separate violations of 50 U.S.C. App. § 462. On appeal, he attacks the validity of his order to report for induction claiming that the local Board should have reopened his classification to consider his claims for an occupational deferment and a conscientious objector classification.

The relevant history of appellant’s dealings with the Local Board can be summarized as follows: On November 4, 1965, the Board classified Feldman I-A. On two subsequent dates, Feldman requested and received a II-S classification (student) deferment. On December 1, 1966, the Board classified defendant I-A. Eight days later the Board received a letter from California State College at Los Angeles stating that Feldman had withdrawn from school. Defendant was then ordered to report for a physical examination. On January 31, 1967, the Board received a letter from California State College at Los An-geles indicating that Feldman had enrolled as a full-time student for the 1967 Spring Semester,…