United States v. Robert Keith Sigler

This appeal is taken from a conviction for failure to report for civilian employment (in lieu of military service) in violation of 50 U.S.C.App. § 462. The determinative question upon appeal is whether appellants’ local board properly gave consideration to his claim for a I-Y (physical disability) classification.

Here, as in United States v. Cantero, 471 F.2d 1190 (9th Cir. 1972), the opinion in which is filed this day, appellant presented a prima facie case for I-Y classification by reason of bronchial asthma. Here, as in Cantero, the board itself gave no consideration to the claim, deferring…