U.S. Court of Appeals for the Ninth Circuit, 1970

United States v. Spencer H. Robley, Jr.

U.S. Court of Appeals for the Ninth Circuit · Decided May 18, 1970 · Duniway, Hufstedler, Per Curiam, Wright

423 F.2d 613 (Federal Reporter, Second Series)

Counsel

J. B. Tietz (argued), Los Angeles, Cal., for appellant., Tom Kontos (argued), Asst. U. S. Atty., Robert S. Linnell, Asst. U. S. Atty., Wm. M. Byrne, U. S. Atty., Los Angeles, Cal., for appellee.

Cases that cite this one

6 later published cases cite this decision.

United States v. Clark Allen Roberts (8th Cir. 1971)
United States v. Jape Holley Taylor (5th Cir. 1971)
United States v. Peter Scott Clifford (9th Cir. 1973)
United States v. Ronald Glen Currier (9th Cir. 1972)
United States v. Michael Lee Lowell (9th Cir. 1971)
United States v. Robert Mike Schrader (9th Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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