United States v. Gary Jercha

Gary Jercha appeals from the judgment of the district court convicting him of refusing to comply with an order of the local Selective Service Board to submit to induction into the armed forces of the United States. 50 U.S.C. App. § 462(a). None of his four assignments has merit.

A. Appellant lacks standing to attack the validity of the purported Order to Report for Induction. He did appear for induction pursuant to the direction of the order.

B. The Board did not deprive appellant of due process by directing him to file “immediately” the form 150 on which he set out a claim for exemption on conscientious objection grounds. The Board was powerless to consider such a claim, for the hard fact appears that appellant requested the form after receipt of the order to report for induction. Ehlert v. United States, 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 (1971).

C. The district court did not, as appellant contends, lack “(subject matter) jurisdiction over the case.”

True, the offense was committed in the Northern District of California and trial was held in the Central District of that state. However, Art. III, Sec. 2, cl. 3 and Amendment 6 of the Constitution, which guarantee an…