United States v. Robert Edward Lopez

Robert Edward Lopez, appellant, was charged in an indictment filed in the United States District Court for the Northern District of California, with violation of 50 U.S.C. App. § 462. Having waived a jury, he was tried to the court and was found guilty, 322 F.Supp. 852 . This timely appeal followed.

On March 3, 1970, the local board issued appellant’s induction notice ordering him to report for induction on March 17, 1970. The district judge found that on March 13, 1970, appellant telephoned the local board and orally requested Form 150 (conscientious objector). No such form was ever sent to appellant. On March 17, 1970, appellant refused induction.

The district court found that there was a mandatory duty on the local board to furnish appellant with Form 150.

If appellant’s claim of being a conscientious objector was because of his beliefs prior to receiving the notice of induction, his late filing of a previously matured conscientious objector belief does not permit, the opening of a prior classification. United States v. Uhl, 436 F.2d 773 (9th Cir. 1970) and cases therein cited. See also Nix v. United States, 437 F.2d 746 (9th Cir. 1971).

On the other hand, if appellant’s…