United States v. James Kendall Wilkinson

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

Defendant’s argument concerning his claim of conscientious objector status is foreclosed by Ehlert v. United States, 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 (1971).

Defendant advances several other grounds for reversal, one being that the denial of his request for a II-S classification was without basis in fact, arbitrary, and contrary to law.

On April 18, 1967, the local board ordered defendant to report for induction on May 24, 1967. The reporting date was thereafter continued from time to time and the final reporting date was fixed as March 4, 1969. Defendant did not apply for a student deferment until October 18, 1968, which was long after issuance .of the original induction order. The application did not reflect a change in status resulting from circumstances over which the registrant had no control, and therefore, under 32 C.F.R. § 1625.2 , the local board was not required to grant the request for a reopening of defendant’s classification.

Defendant contends that because of the state of his health on his scheduled day of…