Legal Opinion

United States v. Thomas J. N. Bellmer

Court of Appeals for the Third Circuit

Decided November 21, 1968No. 17172_1PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

FREEDMAN, Circuit Judge:

Defendant was convicted and sentenced to imprisonment for three years for refusing to submit to induction into the armed forces, in violation of 50 U.S. C. App. § 462, after his claim for conscientious objector classification was refused and he was classified I-A.

The scope of our review of a criminal conviction such as this is limited to the decision whether there has been a denial of basic procedural fairness or whether there is any basis in fact for the draft board’s classification. United States v. Spiro, 384 F.2d 159, 161 (3 Cir.), cert. denied,…

2Cases cited10 opinions

  1. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  2. Witmer v. United StatesSupreme Court of the United States · 1955
  3. Gonzales v. United StatesSupreme Court of the United States · 1955
  4. United States v. Richard Secor Corliss, United States of America v. Fred August Heise, United States of America v. Walter HeroldCourt of Appeals for the Second Circuit · 1960
  5. Lewis v. United StatesSupreme Court of the United States · 1929

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3Cited by23 opinions

  1. United States v. William E. TurnerCourt of Appeals for the Third Circuit · 1970
  2. United States v. Robert Carl MillerCourt of Appeals for the Ninth Circuit · 1972
  3. United States v. William Lee ThompsonCourt of Appeals for the Third Circuit · 1970
  4. State v. CooperNew Jersey Superior Court Appellate Division · 1974
  5. Nurnberg v. FroehlkeCourt of Appeals for the Second Circuit · 1973

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