United States v. Danny Trejo

Appellant was convicted of failure to report for civilian work required of conscientious objectors in lieu of induction. 50 U.S.C. App. § 462. We reverse.

Appellant sought a IV-D ministerial classification. He was classified I-O. He filed a late request for an appeal, explaining in some detail that his father’s work had required the family to make-a number of unexpected changes in residence, and that the notice of classification, though forwarded, had been long delayed in reaching him. To support his statements he attached the envelope that had contained the notice, stamped with the dates upon which it had been forwarded.

Section 1626.2(d) provides that “the local board . . . may permit any person ... to appeal even though the period for taking an appeal has elapsed. . . . ”

The file contains a minute entry by the clerk of the board reading, “Registrant files appeal — not timely.” Appellant argues that this reflects a failure of the clerk to submit appellant’s request for an appeal to the board. If so, reversal would be required. United States v. Harding, 461 F.2d 993 (9th Cir. 1972).

The government contends, however, that the notation was merely a clerical entry showing the…