Leopoldo Reyes Martinez v. United States

The appellant registered for the draft in 1964 and was classified as 1-A, that is, eligible for service in the armed forces. On January 5, 1966, the local draft board mailed to him an order to report for induction on January 17. Martinez received the order on January 10. He appeared at the time and place specified in the order, but told the clerk of the local board that he was a conscientious objector and refused to be inducted.

On March 22, 1966, the appellant was indicted by a grand jury in the District of New Mexico for failing to submit to induction in violation of 50 App.U.S.C. § 462. He…