United States v. Marvin Thomas Stickler

Appellant failed to report for induction into the Armed Forces in violation of 50 U.S.C.App. § 462, was indicted, tried to the court and found guilty. While he presents a number of issues upon this appeal, only one is significant: Is a failure by a local board to state its reasons for denying a claim for conscientious objector classification cured by a statement of reasons by the appeal board ?

The opinion of the district court recites the factual background, the district judge’s findings of fact and his legal conclusions. The opinion is attached as an appendix. We agree with and adopt the district judge’s analysis.

The purpose of requiring a statement of reasons for the action of a selective service board is to permit adequate judicial review. In United States v. Haughton, 413 F.2d 736 (9th Cir. 1969), we said:

We went on to say, in reversing the conviction in Haughton ,

“The board may have relied on information not in the record, contradicting the allegations in Haughton’s form 150. Or the board may have erroneously concluded that Haughton’s allegations, even if true, did not entitle him to his requested classification. Since the board has not stated the basis for its…