United States v. Eric Russell Spencer, A/K/A France Deleon Turnur and Tschaka Shabazz Akinole

Spencer was convicted by a jury of knowingly making a false, improper, and incorrect registration with his local draft board. [Selective Service Act of 1967, as amended, 50 U.S.C., App. § 462(a) (1970).] He was placed on probation and filed notice of appeal. We reverse.

In December 1965, at age 17, Spencer enlisted in the Army, served on active duty for over one and one-half years and was discharged “under conditions less than honorable” in July of 1967. About June 14, 1973, he registered with a local board in Los Angeles under the fictitious name of France DeLeon Turnur.

The issue presented on this appeal is whether a person who has no duty to register under the Selective Service Act, but who voluntarily registers, may be convicted under § 462(a) for knowingly submitting false and fictitious information to a local board.

Section 462(a) provides in pertinent part:

The government conceded and the district court properly found that Spencer had no legal duty to register with the Selective Service. The government contends, however, that by his act of registration, Spencer exercised authority under the statute and falls within its provisions. This argument is not…