United States of America, and v. McLemore Johnson, And

McLemore Johnson was convicted for refusing to report for induction, in violation of 50 U.S.C.App. § 462(a). We affirm his conviction.

On October 6, 1969, Johnson was classified I-A. On March 25, 1970, the board ordered him to report for induction on April SO, 1970. Almost three weeks after his induction notice was mailed, Johnson requested a hardship deferment, based on his mother’s financial dependence upon him. His induction was postponed in order to allow the board to review this claim. On June 16, 1970, Johnson’s board reviewed his file, but decided against reopening his classification. Specifically, the board concluded that his letter had not established a prima facie claim for a hardship classification.

On July 24, 1970, Johnson’s board received a letter from his mother saying that she was mentally and emotionally dependent upon him and that in the past few weeks the threat of his pending induction had led to her physical deterioration. In October, the board acknowledged receipt of this letter and suggested that any additional information or verification be sent to it before its next meeting. No supplementary information was sent. On December 15, the board reviewed…