United States v. Daniel Warren Hoffman

Appellant was indicted and convicted in the district court for violation of 50 App. U.S.C. § 462: refusing to submit to induction into the military service. Various errors are asserted. We find no error, and affirm.

The Board refused to reopen appellant’s I-A classification to consider his conscientious objector claim, made after his induction notice had been mailed. Thus, 32 C.F.R. § 1625.2 was applicable and forbade a reopening absent a showing of circumstances over which he had no control. This regulation is lawful. Ehlert v. United States (9th Cir. en banc 1970), 422 F.2d 332 , Affd. 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 (1971); United States v. Farrell, 443 F.2d 355 (9th Cir. 1971). Nor was it a denial of due process. Brossard v. United States, 423 F.2d 711 (9th Cir. 1970), cert. denied 402 U.S. 981 , 91 S.Ct. 1645 , 29 L.Ed.2d 147 (1971).

The Board denied appellant’s requested II-A classification (occupational deferment). Appellant did not establish the requisite facts to entitle him to a II-A deferment under 32 C.F.R. § 1622.23 (a). The employers listed stated appellant “was the only one presently employed * * * in this particular field,” and that his induction…