United States v. Lawrence Gaylord Olson

Good Law
447 F.2d 1362·1971 U.S. App. LEXIS 8125
United States Court of Appeals for the Ninth CircuitSeptember 13, 197171-1617_1California941 words

Opinion

Opinion

Choy, J.

Lawrence Olson appeals his conviction for refusal to submit to induction. We affirm.

On October 11, 1966, Olson enrolled in Shasta Junior College and subsequently received a II-S student deferment. In 1967, he transferred to Cabrillo Junior College, and the II-S was continued. At the completion of his second year in college, his first at Cabrillo, Olson had completed 58% units, which fell short of the 60 units required by Cabrillo for junior college graduation after two years.

In December, 1968, Olson’s Local Board found that he was not “satisfactorily pursuing a full-time course of instruction” within the meaning of 32 C.F.B. sec. 1625.25 and reclassified him I-A. One day after the expiration of the thirty-day appeal period, Olson asked for an appeal and a personal appearance before the Board. The Board granted the appeal, but refused a personal interview. The I-A was upheld on appeal, and Olson was ordered to report for induction. He failed to do so, and was reordered to report. He did so, but refused to take the symbolic step forward. Olson was then indicted and convicted.

The Local Board was correct in revoking Olson’s II-S and reclassifying him I-A. Olson enrolled in a…

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