UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DON BERTRAM PRATT, DEFENDANT-APPELLANT
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The court held that the appellant's contentions regarding jury composition, the constitutionality of the Selective Service Act, and the illegality of the Vietnam War were without merit and did not constitute a defense to the charge.
Appellant was convicted of willfully refusing induction into the Armed Forces. He appealed his conviction and sentence.…
The full statement of facts, procedural history, and disposition for this case are member content.
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WEICK, Chief Judge.
This is an appeal from the District Court’s judgment of conviction for wil-fully refusing to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462(a). Appellant was sentenced to five years’ imprisonment and fined $10,000.
We find no merit in appellant’s contention that the grand jury and the petit jury were improperly constituted, in violation of the Due Process Clause of the Fifth Amendment of the Constitution of the United States or of 28 U.S.C. App. § 1861 et seq. Williams v. Baker, 399 F. 2d 681 (10th Cir. 1968); United States v. Hoffa, 349 F. 2d 20 (6th Cir. 1965), aff’d, 385 U.S. 293, 87 S.Ct. 408, 17 L.Ed.2d 374 (1966), rehearing denied, 386 U.S. 940, 951, 87 S.Ct. 970, 17 L.Ed.2d 880 (1967); Rice v. Louisville & Nashville R.R. Co., 344 F. 2d 776 (6th Cir. 1965).
Nor do we agree with appellant that the present Universal Military Training and Service Act as amended by the Military Selective Service Act of 1967, 50 U.S.C. App. § 451 et seq., is unconstitutional. Selective Draft Law Cases, 245 U.S. 366, 38 S.Ct. 159, 62 L.Ed. 349 (1918); United States v. Butler, 389 F. 2d 172 (6th Cir. 1968), cert. denied, 390 U.S. 1039, 88 S.Ct. 1636, 20 L.Ed.2d 300 (1968); Talmanson v. United States, 386 F. 2d 811 (1st Cir. 1967), cert. denied, 391 U.S. 907, 88 S.Ct. 1658, 20 L.Ed.2d 421 (1968); United States v. Richmond, 274 F.Supp. 43 (C.D.Cal. 1967).
Finally, appellant urges us to declare the Vietnam war illegal and in violation of international law. We are of the opinion that this claim is no defense to a prosecution for failure to submit to induction into the Armed Services. United States v. Prince, 398 F. 2d 686, 688 (2d Cir. 1968); United States v. Mitchell, 369 F. 2d 323 (2d Cir. 1966), cert. denied, 386 U.S. 1042, 87 S.Ct. 1477, 18 L.Ed.2d 616 (1967).
The observation which we made with respect to the severity of the sentence in United States v. Mulloy, 412 F. 2d 421 (6th Cir. 1969) applies with equal force in this case.
Affirmed.
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Citator
Cited By
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Tenn. Consol. Coal Co. & Grundy Coal Co. v. United Mine Workers OF Am., 416 F.2d 1192 (6th Cir. 1969)
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United States v. Mulloy, 412 F.2d 421 (6th Cir. 1969)
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United States v. Garrity, 433 F.2d 649 (8th Cir. 1970)
Authorities Cited (18 total)
- Hoffa v. United States, 385 U.S. 293 (U.S. 1966)
- Selective Draft Law Cases, 245 U.S. 366 (U.S. 1918)
- United States v. Hoffa, 349 F.2d 20 (6th Cir. 1965)
- United States v. Mitchell, 369 F.2d 323 (2d Cir. 1966)
- Hoffa v. United States, 386 U.S. 940 (U.S. 1967)
- Provident Tradesmens Bank & Tr. Co. v. Patterson, 386 U.S. 940 (U.S. 1967)
- United States v. Prince, 398 F.2d 686 (2d Cir. 1968)
- Benson v. United States, 391 U.S. 903 (U.S. 1968)
- Bryans v. Blackwell, 391 U.S. 907 (U.S. 1968)
- United States v. Mulloy, 412 F.2d 421 (6th Cir. 1969)