United States v. Richard Earl Sampson

422 F.2d 1333, 1970 U.S. App. LEXIS 10325

Opinion

PER CURIAM:

This is an appeal from a conviction for refusing to perform hospital work after being classified I-O. Appellant claims he was improperly denied ministerial status.

We do not reach the question of denial of right to counsel urged upon us by appellant on the theory that appearance before the draft board is a critical stage in the criminal process.

We think the appeal is controlled by United States v. Bittinger, 422 F.2d 1032 (4th Cir. No. 13,317, decided December 24, 1969).

Reversed.