United States v. Thomas Leonard O'Brien

448 F.2d 643

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 21, 1971
• Docket: 26643
• Status: Published

Opinion

PER CURIAM:

O’Brien was convicted for his refusal of induction into the Armed Forces, in violation of 50 U.S.C.App. § 462. On appeal, O’Brien makes numerous claims, only one of which may have been thought to have possible merit. This is the contention that the State Selective Service Director had authorized a reopening of O’Brien’s late-matured conscientious objector claim in a letter recommending that the local board follow Local Board Memorandum No. 41 and grant O’Brien a “courtesy interview.” However, this argument was recently resolved, adversely to O’Brien’s position, in United States v. Wood, 446 F.2d 505, 506 n. 1 (9th Cir. 1971).

Affirmed.