United States v. John Jeffery Salem

OPINION

DUNIWAY, Circuit Judge:

Salem was convicted of refusing to submit to induction into the Armed Forces, 50 U.S.C. App. § 462(a), and he appeals. He argues that because he had made out a prima facie case for a conscientious objector classification the local board was required to reopen his classification, Mulloy v. United States, 1970, 398 U.S. 410, 90 S.Ct. 1766, 26 L. Ed.2d 362. We affirm.

On November 5, 1969, Salem was classified 1-A. On February 3, 1970, he presented to his board a letter 1 in which he requested a copy of Selective Service Form 150 for conscientious objectors. A copy of…