United States v. Paul Robert Falzer

Following trial to the court, appellant was convicted for refusing to submit to induction in violation of 50 U.S.C.A. § 462 , and was committed to the custody of the Attorney General for a period of two years. Our jurisdiction to hear the appeal is based upon 28 U.S.C. §§ 1291-1294 .

Appellant registered with Local Board No. 71 of the Selective Service System at Topeka, Kansas, on August 17, 1965. On August 23, 1965, he was classified I-A. On October 18, 1965, he was reclassified II-S (student deferment) because of his attendance at college, which classification he retained until September 15, 1969, when he was placed in class I-A.

On June 26, 1969, during the period of time appellant was classified II-S, he married Geri Lynn Roller of Topeka, Kansas. In September of 1969, appellant and his wife moved to Seattle, Washington, where appellant enrolled as a graduate student at the University of Washington.

On June 25, 1970, appellant was ordered by his Local Board (No. 71), to report at Topeka, Kansas, on July 13, 1970, for forwarding to the Armed Forces Induction Station.

On July 10, 1970, appellant’s Local Board approved his request to be permitted to report for induction at…