United States v. Hasmuk

OPINION AND ORDER

REYNOLDS, District Judge.

On October 16, 1967, the defendant was tried by this court for failing to report for civilian work after having been ordered to do so by his local draft board. The defendant moved for acquittal at the close of the trial. This motion is grounded upon:

1. The denial of a 4-D classification by Local Board No. 42 was without basis in fact, arbitrary, and contrary to the Selective Service Act and the regulations thereunder.

2. The denial of the 4-D classification violated the due process guarantees of the Fifth Amendment.

3. The failure of the board to reopen…