United States v. James Alan Ferber

451 F.2d 591, 1971 U.S. App. LEXIS 6906

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 29, 1971
• Docket: 71-2349
• Status: Published

Opinion

PER CURIAM:

Appellant was convicted of refusing induction, 50 U.S.C. App. § 462. Appellant’s main contention is that his local board erred in refusing to reopen his I-A classification to consider his conscientious objector claim filed after he received an order to report for induction.

Appellant argues that his claim rested on non-religious grounds, and that, therefore, the Supreme Court’s decision in Welsh v. United States, 398 U.S. 333, 90 S.Ct. 1792, 26 L.Ed.2d 308 (1970), permitting non-religious conscientious objector claims, was a material “change in status over which he had no control within the meaning of Regulation 32 C.F.R. § 1625.2.”

Welsh was decided before appellant’s induction notice was sent, however, and, under section 1625.2, a change of status must occur after the notice to warrant reopening a registrant's classification. United States v. Van Becker, 438 F.2d 1224, 1225 (9th Cir. 1971); United States v. Uhl, 436 F.2d 773, 774 (9th Cir. 1970). Moreover, appellant’s letter accompanying his conscientious objector questionnaire reflects a prima facie conscientious objector claim under traditional, religiously based, pre-Welsh standards. Welsh therefore worked no change in appellant’s status.

We have carefully considered the remaining points raised by appellant and find them without merit.

Affirmed.