United States v. Spencer H. Robley, Jr.

U.S. Court of Appeals for the Ninth Circuit
United States v. Spencer H. Robley, Jr., 423 F.2d 613 (9th Cir. 1970)
Duniway, Hufstedler, Per Curiam, Wright

United States v. Spencer H. Robley, Jr.

Opinion

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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Spencer H. ROBLEY, Jr., Defendant-Appellant
Cited By
8 cases
Status
Published