U.S. Court of Appeals for the Ninth Circuit, 1971

United States v. Finney

U.S. Court of Appeals for the Ninth Circuit · Decided March 24, 1971

439 F.2d 1116 (Federal Reporter, Second Series)

Counsel

Martin Jerry Bleckman, Los Angeles, Cal., for plaintiff-appellee., Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim.Div., Richard L. Jaeger, Asst. U. S. Atty., Los Angeles, Cal., for defendant-appellant.

Cases that cite this one

1 later published case cites this decision.

United States v. Hughes (District Court, S.D. New York 1973)

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 of the Court

PER CURIAM:

On appeal from a judgment of conviction for refusing induction into the Armed Services, appellant contends that his local board erred in failing to con-side his claim for I-A-0 status. The claim was presented to his local board after he had refused induction and after he was indicted for his refusal.

It is now well established that a local board is not required to take action concerning a request for a change in classification which is filed after the registrant has refused induction. United States v. Lowell, 437 F.2d 906 (9th Cir. 1971), and cases cited. This being true, the local board properly refused to reopen appellant’s classification.

Judgment affirmed.

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