Richard Dean Hestad and Kenneth Patrick Cupit v. United States of America and Keith C. Hardie, U.S. Marshal

SWYGERT, Circuit Judge.

This is a consolidated appeal from orders granting the petitions of Richard Dean Hestad and Kenneth Patrick Cupit for relief under 28 U.S.C. § 2255. After a hearing on the petitions, the district court vacated the sentences imposed up on the petitioners following their conviction for violation of the Universal Military Training and Service Act.

Each petitioner was charged in an information with failure to obey an order of his respective draft board to report for civilian work in lieu of induction into the armed forces. Hestad was tried on September 25, 1967 and Cupit was…