UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
SPENCER H. ROBLEY, JR., DEFENDANT-APPELLANT

9th Cir. | 1970-03-03
No. 24224
Before DUNIWAY, HUFSTEDLER and WRIGHT, Circuit Judges.
423 F.2d 613 United States Court of Appeals for the Ninth Circuit (1970) Positive Treatment
Cited by 18 cases


Opinion of the Court
PER CURIAM:

PER CURIAM:

Robley was convicted of violating 50 U.S.C. App. § 462. The two points that lie makes are answered adversely to him by prior decisions of this court.

1. Failure to reopen his classification and reclassify him III-A. He sent the Board some information, but did not ask for a reclassification or assert in any way that he should be reclassified. United States v. Weldon, 9 Cir., 1969, 422 F. 2d 800; Taylor v. United States, 9 Cir., 1960, 285 F. 2d 703; Shaw v. United States, 9 Cir., 1959, 264 F. 2d 118.

2. Failure to reclassify him as a conscientious objector. His request was filed after he refused induction. This was too late, Straight v. United States, 9 Cir., 1969, 413 F. 2d 263; Palmer v. United States, 9 Cir., 1968, 401 F. 2d 226. Cf. Blades v. United States, 9 Cir., 1969, 407 F. 2d 1397; Ehlert v. United States, 9 Cir., 1970, 422 F. 2d 332.

Affirmed.


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