United States v. Starling Gene Helm

386 F.2d 434

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 4, 1968
• Docket: 11551_1
• Status: Published

Opinion

PER CURIAM.

Appellant, who was convicted for failure to report for induction in violation of 50 U.S.C.A. (Appendix) § 462, appeals from the judgment sentencing him to a term of two years. He claims that he was improperly ordered to report, because he had been denied classification as a conscientious objector or as a farmer and denied a hearing to establish his claim thereto.

We affirm.

Our review of the record discloses that appellant, during the five and one-half years that he was registered with his Local Board prior to receiving a notice of induction, never made a claim that he was a conscientious objector or a farmer, and that such claim came only after he had received a notice to report for indue tion, and five months before he would have attained the age of twenty-six years and have been draft-exempt under current policy. There was thus no reason to afford him a hearing before the order to report for induction; and after the order to report for induction, there was no factual basis on which it may be concluded that there was such a “change in registrant’s status resulting from circumstances beyond his control” within the meaning of 32 C.F.R. § 1625.2(b), such as to require the Board to reopen his case after the order to report for induction. United States v. Al Majied Muhammad, 364 F.2d 223 (4 Cir. 1966).

Affirmed.