United States v. Michael Francis Hodgins

MERRILL, Circuit Judge:

Appellant has taken this appeal from conviction of refusal to submit to induction into the armed forces. At issue is the validity of his classification as I-A in light of his application for conscientious objector status. His motion for acquittal was denied by the District Court upon two grounds: that he had failed to state a prima facie claim for a 1-0 classification; that he had failed to exhaust his administrative remedies. Appellant contends that in both respects the court was in error.

When appellant registered for the draft he applied for a 1-0 status and completed…