United States v. Richard Frederick Ross

Richard Ross was convicted under 50 U.S.C.App. § 462 for refusing to submit to induction into the armed forces. We affirm.

We consider Ross’ arguments seriatim.

I. Constitutionality of the Draft.

Ross’ arguments are foreclosed by prior decisions of this court. See United States v. Lumsden, 9 Cir., 1971, 449 F.2d 154 ; Harris v. United States, 9 Cir., 1969, 412 F.2d 384, 386 .

II. Sufficiency of the evidence.

There is ample evidence that Ross’ refusal to be inducted was wilful. Psychiatric testimony to the contrary was rejected by the jury, as it could do. Gallion v. United States, 9 Cir., 1967, 386 F.2d 255, 257 .

III. Challenge to the jury.

Ross’ jury was drawn from a pool selected under the Jury Selection Plan for the Northern District of California (the Plan), adopted pursuant to the Jury Selection and Service Act of 1968 (the Act), 28 U.S.C. §§ 1861-71 . He argues that his conviction should be reversed because of error in that process. He presents both constitutional and statutory grounds for this position.

A. Constitutional Challenge.

1. Exclusion of 18-21 year-olds from jury service.

Ross argues that 28 U.S.C. § 1865 (b) (1), which at the time of his trial excluded…