United States v. David Mizrahi

Counsel for appellant, who has specialized in Selective Service cases for the past 20 years, and who represented appellant both in the court below and here, raised for the first time on appeal at oral argument, the fact that the Department of Justice hearing and recommendation provided for in 32 CFR § 1626.25 had not been conducted in this case. He asks us to consider the matter under Rule 52(b), Rules of Crim.Procedure, the plain error rule.

I

On appellant’s appearance before his local board he stated he would accept I-A-0 classification which would exempt him only from combatant training and…