United States v. Michael D. Wood

Michael D. Wood appeals from the judgment convicting him of the crime of refusing to submit to induction into the armed forces of the United States, in compliance with the order of his Local Selective Service Board. 50 App. U.S.C. § 462(a).

The bulk of Wood’s points have been foreclosed against him by the Supreme Court’s recent decision in Ehlert v. United States, 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 (April 21, 1971). Principal among them is the contention that the “courtesy interview” extended Wood by the Board, following its order to report for induction, constituted a constructive reopening of his classification at which his claim of com scientious objection was considered and denied on the merits without affording him a hearing and ensuing appeal rights. However, since, as Ehlert makes clear, a conscientious objection which matures after the order to report is given cannot be “a circumstance over which a registrant has no control” (32 C.F.R. 1625.2), the Board could not be deemed to have reopened and precluded rights Wood might otherwise have enjoyed. United States v. Nix, 437 F.2d 746 (9th Cir. 1971).

Nor is there merit in the remaining contention which, in…