United States v. Richard Damien Ehret

HAMLEY, Circuit Judge:

Richard Damien Ehret appeals from his conviction, under 50 U.S.C. Appendix § 462, for refusing to submit to induction into the Armed Forces of the United States. We affirm.

Defendant argues that he should have been acquitted because the Selective Service Act of 1967 is void for the reason that Congress lacks the power to conscript. The United States Supreme Court held to the contrary as recently as United States v. O’Brien, 391 U.S. 367, 377, 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968).

Defendant next contends that he should have been acquitted because, contrary to Selective…