United States v. Donald Gustav Brader

Brader appeals his conviction for having refused induction into the armed forces in violation of 50 U.S.C. App. § 462. We affirm.

The original briefs presented four issues, all of which lack merit insofar as Brader’s contentions are concerned. First, Brader’s argument that 32 C.F.R. § 1625.2 is invalid as an unconstitutional delegation of legislative authority and as conflicting with the expression of congressional will in 50 U.S. C. App. § 456 (j) has previously been rejected by our court. United States v. Lowell, 437 F.2d 906, 908 (9th Cir. 1971); United States v. Berger, 434 F.2d 610, 611 (9th Cir. 1970).

The Supreme Court’s affirmance of our opinion in Ehlert forecloses consideration of Brader’s contention concerning the late crystallization of his conscientious objection to warfare. Ehlert v. United States, 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 (1971), aff’g 422 F.2d 332 (9th Cir. 1970).

The disposition of Brader’s related claim, that the courtesy interview afforded him by the Board constituted a constructive reopening of his classification, is not controlled by Miller v. United States, 388 F.2d 973 (9th Cir. 1967), wherein the State Director expressly authorized a…