United States v. Paul Henry Swierenga

Defendant-appellant was indicted for refusal to submit for induction into the Armed Forces in violation of 50 U.S.C. App. § 462(a). The district court, sitting without a jury, found him guilty and imposed sentence of four years imprisonment. The defendant appeals.

Defendant was mailed an induction notice on August 29, 1966, ordering him to report on October 11. On September 3, he made written request for a 60-day extension to enable him to train someone to maintain his business, a sole proprietorship. Upon receipt of the draft board’s denial of this request, he contacted an attorney who wrote…