United States v. Reuben Zaragoza

Appellant Zaragoza was convicted for refusing induction into the Armed Forces in violation of 50 U.S.C. App. § 462. We reverse.

Two issues were raised on appeal: (1) whether Zaragoza stated a prima fa-cie claim for conscientious objector sta-us and, if he did, (2) whether there was basis in fact for the denial of his claim.

At argument counsel for the government conceded that, if Zaragoza stated a prima facie claim, our intervening decision in United States v. Andersen, 447 F.2d 1063 (9th Cir., 1971), requires reversal on the second issue. The government argues, however, that Zaragoza failed to state a prima facie claim in that he did not assert a deeply held personal belief in opposition to war in any form but rather relied entirely on quotations from and citations to scripture. We are unable to agree.

Zaragoza registered with his local board on October 1, 1968. He signed the conscientious objector section of his Form 100 and was mailed the conscientious objector claim form, SSS 150, which he completed promptly and returned.

While his Form 150 is not what one would call erudite or elegant, we believe that it states a prima facie claim. Zaragoza is a high school drop out. He…