United States v. Felix James McGuire

COFFIN, Chief Judge.

This appeal, challenging a judgment of conviction, after trial without a jury for refusal to submit to induction raises the issue we find critical — whether the district court erred in finding a basis in fact for denial of appellant’s claim of conscientious objector status. The basis relied upon was lack of sincerity, which derived from two factors: a delay of one and a half months in claiming CO status after reclassification into I-A and appellant’s failure to mention his interest in such a status to his local board at an interview where he inquired about other…