United States v. Hahn

MEMORANDUM OPINION

JAMES HARVEY, District Judge.

This is a motion to dismiss the indictment and release the defendant from custody in a case involving refusal to submit to induction into the Armed Forces. The defendant has two grounds for his motion, both based on the theory that he was denied due process, and that therefore he cannot be convicted for refusal to be inducted. He claims first that his attempt to be re-classified based on new medical evidence of a sinusitis condition was improperly handled in that (1) the local draft board improperly delegated its duty of re-classification to the…