United States v. Robert Anthony White

White appeals from his conviction for refusing to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462. We affirm.

On May 28, 1968, appellant was mailed an Order to Report for Induction with a reporting date of June 19, 1968. He failed to appear for induction. On November 12, 1968, he denied having received the order to report. On January 22, 1969, appellant’s local board ordered him to report for induction on February 5,1969. Appellant again failed to appear.

On May 6, 1969, the board received a letter from appellant in which he said: “Please send me an order to report for induction. There has been a continual foul-up; on my mail, my relatives and my own conduct, I must admit.” (Emphasis added.) On May 22, 1969, the board again wrote appellant, reminding him of his continuing duty to report, and ordering him to report for induction on June 10, 1969. On June 2, 1969, appellant requested the “Conscientious Objector” form, Form 150. It was issued and completed the same day. Appellant reported on June 10,1969, but refused induction.

On July 24, 1969, the United States Attorney declined to prosecute so that the board could consider appellant’s…