Buford Darryl Quaid v. United States

WILBUR K. MILLER, Senior Circuit Judge:

On January 24, 1967, the appellant, Buford Darryl Quaid, was indicted for refusing to submit to induction into the armed forces. On March 13 a jury found him guilty, and on April 20, he was sentenced to imprisonment for five years. He appeals.

We first summarize the facts. Quaid registered for the draft in 1958 and was classified 1-A, that is, eligible for service. On April 17, 1962, the local draft board received notice that Quaid had enlisted for six years (with six months’ active duty) in the Army Reserve and immediately reclassified him as 1-D 1 to…