MacDonald

ORDER GRANTING DEFENDANT’S MOTION FOR JUDGMENT OF ACQUITTAL

This is a prosecution for failure to submit to induction in violation of 50 U.S.C. App. § 462(a). The defendant registered with his local board on December 22, 1969. He was classified I-A on August 10, 1970 and subsequently ordered to report for a pre-induction physical examination on October 15, 1970. DD Form 62 was properly mailed. On December 30, 1970, defendant’s local board ordered him to report for induction on January 25, 1971. After a postponement to permit consideration of defendant’s belated claim of conscientious objection, defendant finally refused to submit to induction on March 24, 1971. This prosecution followed.

The defendant makes five arguments in support of his motion for judgment of acquittal. He challenges the manner of review of his case by the State and National Directors of the Selective Service System; he also alleges that he was misled as to the nature and consequences of induction; his remaining three arguments pertain to the acceleration of his selection for induction. Pursuant to the defendant’s request for findings of fact, the court will briefly consider each of these arguments.…