United States v. Meyer

MEMORANDUM

TENNEY, District Judge.

Defendant ‘Werner Herbert Meyer stands indicted for failure to report for induction into the armed services of the United States in violation of 50 App. U. S.C. § 462(a) (1971) and 32 C.F.R. § 1632.14 (1972). He now moves to dismiss the indictment on the ground, inter alia, that his I-A classification is without a basis in fact. For the reasons set out infra, the motion is granted.

A review of defendant’s Selective Service file reveals the following facts. Meyer duly registered with the Selective Service System on April 3, 1965. From May 12, 1965 through…