United States v. Craig Malone Thomas

Craig Malone Thomas appeals from a judgment finding him guilty of violating 50 U.S.C.App. § 462, refusal to submit to induction. The induction order upon which he was convicted resulted from his having been processed as a “delinquent” for “failure to cooperate and complete” his Armed Forces physical examination following his classification as I-A. We reverse.

In Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532 (dee. Jan. 19, 1970,) the delinquency regulations used here were held to be unauthorized by statute. See also Breen v. Selective Service Local Board No. 16, 396…