United States of America, Palintiff-Appellee v. Elwood Lowell Diercks

DUFFY, Chief Judge.

Defendant was convicted of a violation of the Universal Military and Training Act, 50 U.S.C.A.Appendix, § 451 et seq., by reason of his refusal to perform certain assigned civilian work. On this appeal defendant claims 1) he was denied due process of law on considera tion of his request for re-opening because he did not have the independent judgment of the members of the local board in passing on his request, and because of certain advice given by the State Director upon inquiry being made by the local board; and 2) he was denied procedural due process because the local…