Jay Richard Bergman v. United States

420 F.2d 681

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 25, 1970
• Docket: 23706
• Status: Published

Opinion

PER CURIAM:

Appellant was indicted for, then tried and convicted by the court of, a violation of the Universal Military Training & Service Act in refusing to be inducted into the Armed Forces of the United States as ordered by his Selective Service Board. He claimed 1-0 or, in the alternative, a II-A classification. He received I-A.

The scope of our review is limited to the question of whether there is a basis in fact for the classification received by appellant. His sincerity in making the 1-0 claim was in issue. The Board resolved that issue against him. Clearly, there was a basis in fact for the Board’s action.

On the II-A claim, the record supports our conclusion that there was a basis in fact for the Board’s decision that appellant failed to make a prima facie showing that he could not be replaced in his work.

Affirmed.