United States v. Gene James Shermeister

KILEY, Circuit Judge.

The district court, without a jury, convicted defendant of willfully refusing to submit to induction into the armed forces in violation of the Universal Military Training and Service Act.1 He has appealed. We reverse.

Defendant was originally classified I-A by his local draft board in 1964. Thereafter, in October of 1964, he was granted a II-A occupational deferment, and in 1965 a II-S student deferment. In 1966, after he left school, he was again classified I-A and this classification was affirmed by the appeal board in March, 1967, despite defendant’s efforts to renew…