United States v. John W. S. Stevens

Stevens was convicted of violating the Selective Service Act of 1967, 50 U.S.C. App. § 462(a). The pertinent facts are not in dispute.

Appellant was ordered to report for induction on November 7, 1967. Though he reported as ordered, he refused to answer the questions relating to membership in various organizations. He wrote that his refusal was based upon the First and Fifth Amendments. He also answered “yes” to the question whether there were any incidents in his life which might reflect upon his loyalty or his suitability to perform the duties which he might be called upon to undertake. As a consequence of this, appellant was “held in abeyance, not presently acceptable for induction.”

On June 11, 1968 his local board informed him that he was found to be acceptable for service. In a letter dated July 19, 1968 he was told that his original induction order was valid and that he was to report for induction on August 13, 1968. Appellant reported but refused to take the symbolic step forward.

Appellant argues that the nine-month delay between the initial and final induction dates effected a cancellation of his induction order. We agree.

We feel that this case comes under the rule…