UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DANIEL WARREN HOFFMAN, DEFENDANT-APPELLANT
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.
The court affirmed the conviction, finding no error in the Board's refusal to reopen the classification or deny the deferment.
Appellant was convicted for refusing induction into the military service. He claimed conscientious objector status after his induction notice was mail…
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.
Explore caselaw by topic → Browse Occupational Deferment cases and more on FLexlaw
PER CURIAM:
Appellant was indicted and convicted in the district court for violation of 50 App. U.S.C. § 462: refusing to submit to induction into the military service. Various errors are asserted. We find no error, and affirm.
The Board refused to reopen appellant’s I-A classification to consider his conscientious objector claim, made after his induction notice had been mailed. Thus, 32 C.F.R. § 1625.2 was applicable and forbade a reopening absent a showing of circumstances over which he had no control. This regulation is lawful. Ehlert v. United States (9th Cir. en banc 1970), 422 F. 2d 332, Affd. 402 U.S. 99, 91 S.Ct. 1319, 28 L.Ed.2d 625 (1971); United States v. Farrell, 443 F. 2d 355 (9th Cir. 1971). Nor was it a denial of due process. Brossard v. United States, 423 F. 2d 711 (9th Cir. 1970), cert. denied 402 U.S. 981, 91 S.Ct. 1645, 29 L.Ed.2d 147 (1971).
The Board denied appellant’s requested II-A classification (occupational deferment). Appellant did not establish the requisite facts to entitle him to a II-A deferment under 32 C.F.R. § 1622.23(a). The employers listed stated appellant “was the only one presently employed * * * in this particular field,” and that his induction would “greatly jeopardize government contracts.” But there was no showing he could not be replaced. This was essential to make a “clearly established” pri-ma facie showing. 32 C.F.R. § 1622.-23(a) (2) and § 1622.1(c). United States v. Farrell, 443 F. 2d 355 (No. 25,-629 (9th Cir., 1971)); United States v. Kanner, 416 F. 2d 522 (9th Cir. 1969); United States v. Weersing, 415 F. 2d 130 (9th Cir. 1969).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ehlert v. United States, 402 U.S. 99 (U.S. 1971)
- United States v. Haynes, 422 F.2d 332 (4th Cir. 1970)
- United States v. Kanner, 416 F.2d 522 (9th Cir. 1969)
- United States v. Weersing, 415 F.2d 130 (9th Cir. 1969)
- Escalante v. Zirpoli, 402 U.S. 981 (U.S. 1971)
- Reynolds v. Follette, 402 U.S. 981 (U.S. 1971)
- United States v. Brossard, 423 F.2d 711 (9th Cir. 1970)
- United States v. Farrell, 443 F.2d 355 (9th Cir. 1971)