United States v. David Paul Bender

LAY, Circuit Judge.

David Paul Bender, upon waiver of a jury, was convicted for refusal to submit to induction into the Armed Forces of the United States in violation of 50 U. S.C.App. § 462. The trial court, 336 F. Supp. 763, held that since he had failed to appeal his I-A classification and thereby exhaust his administrative remedies within the Selective Service System he was precluded from obtaining judicial review of his classification. Additionally, the district court found that the local board did not mislead the defendant so as to deter him from exercising his right of administrative…