United States v. David Bruce Gasca

Appellant stands convicted of refusal to submit to induction into the armed forces, a violation of 50 U.S.C.App. § 462. He here contends that his local board improperly refused to reopen his I- A classification for the purpose of considering his preinduction claim for a II- S deferment.

At the time the order to report for induction was entered, the board had received from appellant a statement and a letter to him from Rio Hondo Junior College, both of which gave notice that appellant had been accepted for admission with registration to take place in the future.

The question presented is whether…