UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
FRED SPENCER LONIDIER, DEFENDANT-APPELLANT

9th Cir. | 1970-05-26
No. 25267
427 F.2d 30 United States Court of Appeals for the Ninth Circuit (1970) Negative Treatment
Cited by 18 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the local board erred in refusing to reopen the defendant's classification to consider his conscientious objector claim.


Facts & Procedural History

The defendant reported for induction, qualified his security questionnaire, and was sent home pending investigation. He later filed a conscientious ob…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant was ordered to report on January 10, 1967, for induction into the armed forces. He reported on that date, but “qualified” his Security Questionnaire (DD Form 398) by stating that a relative had once been a member of the Communist Party. He was sent home and his local board was notified by an officer at the induction center that his records were being “held in abeyance” pending the completion of a security investigation.

On November 6, 1967, defendant filed a Special Form for Conscientious Objection (SSS Form No. 150) with his local board. Eight days later, the local board notified defendant that it had voted not to reopen his classification because “it did not specifically find there has been a change in circumstances over which you had no control,” as required by32 C.F.R. § 1625.2 as a condition to the reopening of a classification after the mailing of an induction order. The board further informed defendant that theretofore his induction date had been temporarily postponed “[pjursuant to the provisions of part 1632 of Selective Service Regulations,” but that he was to report for induction on December 6,1967. Defendant reported and refused to submit to induction.

The local board therefore erred in applying32 C.F.R. § 1625.2 and refusing to reopen defendant’s classification to consider his conscientious objector claim.

Reversed.

Footnotes
32 C.F.R. § 1632.2 authorized the local board to postpone defendant’s induction for a period of up to 120 days. Instead the board postponed defendant’s induction indefinitely — as it turned out, for a period of 328 days. The board’s action had the effect of cancelling the induction order. See Hamilton v. Commanding Officer, 328 F. 2d 799, 802 (9th Cir. 1964). Compare United States v. Evans, 425 F. 2d 302 (9th Cir. 1970), which does not cite Hamilton, and may be distinguishable on the ground that the local board did not purport to act under 32 C.F.R. § 1632.2 as the local board did in this case.

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw