United States v. Stephen Ross Simon

Stephen Ross Simon appeals from a conviction for failure to report for induction in violation of 50 U.S.C. App. § 462.

On November 20, 1968, Simon’s local board mailed him an order to report for induction. He failed to report and the board sent him another order. Again, Simon did not report and he could not be located. On January 13, 1970, Simon was reported as a delinquent to the United States Attorney. Simon spoke to an F.B.I. agent on June 11, 1970, and filed a written statement that he did not follow the order because he believed he should not have to fight in an unjust war. However, Simon agreed to follow the board’s order if he received three to four weeks to take care of his obligations. Consequently, the United States Attorney declined prosecution for refusal to report “in favor of immediate induction.”

The board then mailed Simon an order to report for induction on June 24, 1970. On the day before his scheduled induction, Simon requested, completed and filed a form 150 for conscientious objectors. Simon also requested a postponement of his induction, a reopening of his classification, and a personal appearance. Simon did not report for induction on June 24, 1970, and…