United States v. Robley

No. 24224

423 F.2d 613 (1970) | Cited 5 times | Ninth Circuit | March 3, 1970

Before DUNIWAY, HUFSTEDLER and WRIGHT, Circuit Judges.

Per Curiam:

Robley was convicted of violating 50 U.S.C. App. § 462. The two points that he 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.

Before DUNIWAY, HUFSTEDLER and WRIGHT, Circuit Judges.

Per Curiam:

Robley was convicted of violating 50 U.S.C. App. § 462. The two points that he 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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