United States v. James Earl Thompson

James Earl Thompson, appellant herein, was charged in an indictment filed in the United States District Court for the Northern District of California with having refused to submit to induction into the armed forces of the United States, a violation of 50 U.S.C. App. § 462. Having waived a jury, he was tried to the court, was found guilty and sentenced to the custody of the Attorney General. He filed a timely appeal to this court.

Appellant makes four contentions. First, he contends that the draft law is unconstitutional. The Supreme Court of the United States in United States v. O’Brien, 391 U.S. 367 , 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968), held to the contrary.

Second, he complains that at his trial the Government introduced in evidence the certified and exemplified copy of his Selective Service file, and then rested. Appellant’s complaint that this is error has no merit. Such procedure has been held to be proper in United States v. Lloyd, 431 F.2d 160, 164 (9th Cir. 1970), and the cases cited therein.

Appellant next contends that the local board should have given him consideration as a conscientious objector, or that he should be remanded so that he could make a C.O. claim.…