Legal Opinion

United States v. Thomas Stewart Atherton

Court of Appeals for the Ninth Circuit

Decided September 10, 1970No. 23406_1PublishedCited by 23 opinions

1Opinion of the Court

BROWNING, Circuit Judge.

Defendant appeals from his conviction for refusing induction into the armed forces. 50 U.S.C. App. § 462. He contends that his conscientious objector claim was rejected because of a misinterpretation of 50 U.S.C. App. § 456 (j), and that his I-A classification is without basis in fact.

The minutes of the local board suggest three possible bases for the rejection of defendant’s conscientious objector claim.

First, the local board may have relied upon 32 C.F.R. § 1625.2, which prohibits the reopening of a registrant’s classification after the mailing of an order to *743report…

2Cases cited34 opinions

  1. United States v. SeegerSupreme Court of the United States · 1965
  2. Falbo v. United StatesSupreme Court of the United States · 1944
  3. Sicurella v. United StatesSupreme Court of the United States · 1955
  4. Cassius Marsellus Clay, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  5. United States v. Richard Secor Corliss, United States of America v. Fred August Heise, United States of America v. Walter HeroldCourt of Appeals for the Second Circuit · 1960

29 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. United States v. Claud Michael KemberCourt of Appeals for the Ninth Circuit · 1971
  2. United States v. Gregory Drew HarrisCourt of Appeals for the Ninth Circuit · 1970
  3. United States v. Alfred Loren WallaceCourt of Appeals for the Ninth Circuit · 1970
  4. United States v. William Alan CallisonCourt of Appeals for the Ninth Circuit · 1970
  5. United States v. Noel Larry JacksonCourt of Appeals for the Fifth Circuit · 1972

18 more not listed; retrieve them via the Exa API.

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