United States v. Kenneth David Cate

WALLACE, Circuit Judge:

Appellant was convicted for failure to report for induction in violation of 50 U.S.C. App. § 462. We reverse.

Although appellant had prior difficulties with the draft 1 , the salient facts are that on October 28, 1970, appellant was reclassified by his local board from 1-A-O (non-combatant service) to 1-O (conscientious objector) and was properly notified of the reclassification and of his right to appeal. Appellant promptly responded in writing, asking for an appeal and requesting a reclassification to 3-A (hardship) on the ground that his economic contribution to his…