UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
BRITT WARREN, 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 held that the appellant's conscientious objector claim could not be considered on appeal because he failed to exhaust his administrative remedies.
Appellant was convicted for failure to submit to induction into the armed services. He had multiple draft classifications and failed to appeal his I-A…
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 Conscientious Objector Status cases and more on FLexlaw
PER CURIAM:
Appellant, Britt Warren, appeals from a conviction for a violation of 50 U.S.C. App. § 462, failure to submit to induction into the armed services.
In 1967 he registered and was classified II-S because he was in high school. He stated his belief in a Supreme Being and wrote that “God is the only being with the right to kill.” In 1968 he was classified I-A, received Form 217 notifying him of his right to a personal appearance and an appeal, but did not appeal. In 1969 he was again classified IA, received the same Form 217 and again failed to appeal. On April 9, 1969, he re ceived a final I-A classification after having told his local board he would not report for induction. Again, he did not appeal. He refused induction on June 17, 1969.
Appellant’s contention that his conscientious objector claim was improperly rejected may not be considered. He has completely failed to invoke or exhaust his administrative remedies in a situation where they should have been pursued. McGee v. United States, 402 U.S. 479, 91 S.Ct. 1565, 29 L.Ed.2d 47 (1971).
Judgment affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. McBRIDE, 468 F.2d 567 (8th Cir. 1972)
Authorities Cited
- McGEE v. United States, 402 U.S. 479 (U.S. 1971)