United States v. James Chalmers Clemence, II

In this prosecution for refusing induction [50 U.S.C. App. § 462], appellant relies primarily on his claim that there was no basis in fact for the local board’s classifying him I-A in the face of evidence of medical disability. The medical evidence did not clearly present a prima facie case for exemption; but if it did, the finding of acceptability by the examining center provides a basis for the classification in this case.

The trial court properly refused to redetermine appellant’s other claims. United States v. Shunk, 438 F.2d 1204 (9th Cir. 1971); United States v. Brunges, 450 F.2d 947 (9th Cir. 1971); and Ehlert v. United States, 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 (1971).