United States v. Gerald Kenneth Gress

Appellant was convicted for refusing to submit to induction in violation of 50 U.S.C. App. § 462. This is an appeal from that conviction.

BACKGROUND

Appellant first registered with Selective Service Local Board No. 58, in San Mateo, California, on July 13, 1962. During an approximate six-year period, he received both student deferments and a two-year occupational deferment while he served in the Peace Corps.

On January 10, 1968, appellant received his last student deferment, enabling him to complete his undergraduate education at the University of California, Berkeley. On August 29, 1968, after appellant’s graduation, the local board received from appellant an SSS Form 103, also called a Graduate or Professional College Student Certificate, which informed the board that appellant had commenced his first year at Hastings Law School in San Francisco, California, and was pursuing a full-time course of study.

Appellant was reclassified 1-A on October 9, 1968, but failed to appeal. On October 15, 1968, his mother wrote a letter to the board expressing her concern over appellant’s 1-A classification and requesting that he be allowed to complete his first year of law school,…