United States v. Richard David Gerstle

CONTI, District Judge.

Defendant, in this selective service case, was convicted after court trial on two counts of refusal to submit to induction, and has appealed.

Defendant was classified I-A in December, 1970, and did not appeal that classification. On April 6, 1971, he was mailed an order to report for induction on April 20, 1971. He filed a Form 150 for Conscientious Objectors on April 16, 1971. His induction was then postponed until June, 1971. On April 22, 1971, the local board refused to reopen his classification and stated in a letter to defendant that it did not “specifically find…