United States v. Gregory John Ward

445 F.2d 1398

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 18, 1971
• Docket: 26667
• Status: Published

Opinion

PER CURIAM:

Ward appeals his conviction for failing to submit to induction into the Armed Forces, in violation of 50 U.S.C. App. § 462. We reverse.

In its brief the Government admits that Ward’s SSS Form 150 stated a prima facie claim for a conscientious objection (I-O) classification and that the State Selective Service Director ordered the local board to reopen Ward’s classification. See 32 C.F.R. § 1625.3. There was never a reopening, and no reasons were given for the denial of the conscientious objector claim prior to the final notice of induction. Furthermore, we cannot see a basis in fact for denying the 1-0 claim that Ward presented.

Upon remand, the indictment will be dismissed.

Reversed, with directions.