United States v. Stephen John Thomas

Stephen John Thomas appeals from his conviction for refusal to submit to induction into the Armed Forces in violation of 50 U.S.C.App. § 462.

Defendant argues that his Selective Service Board proceeded improperly with regard to his request for an occupational deferment, and his claim for status as a conscientious objector. The latter argument is foreclosed by the recent decision in Ehlert v. United States, 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 (1971).

Concerning defendant’s occupational deferment argument, the essential facts are as follows: Thomas registered with his local board on August 27, 1962. As an undergraduate student at the University of California at Berkeley, he received a series of student deferments. On June 3, 1966, the local board received advice that defendant had withdrawn from college. The board accordingly reclassified defendant I-A on June 14, 1966, and so notified him.

On June 22, 1966, defendant wrote to his local board, requesting that his induction be deferred until October 1, 1966, because he was then employed as house manager of a student dormitory serving one hundred and fifty-five residents and seventy-three additional boarders, and his…