United States v. Dennis Le Roy Cardwell

Following conviction for refusal to submit to induction, Cardwell has appealed, contending that the induction order was invalid. Although he gives several reasons, we conclude that one is dis-positive.

Having been classified I-A on December 18, 1969, Cardwell received with the notice of classification a Selective Service System Form 217, which advised him of his right to appeal within 30 days. Within that time ■ and on January 7, 1970, he sent to his local board (who received it on January 13, 1970) Form 104, Request for Undergraduate Student Deferment. It is stipulated that if his request…