United States v. Robert Ronald Boucher

BRIGHT, Circuit Judge.

Robert Ronald Boucher appeals from his conviction after a court trial of knowingly refusing to register with the Selective Service System in violation of 50 U.S.C. App. § 462(a).1 Boucher argues that (1) the Government failed to prove a “knowing” violation as required by the statute, and (2) the Government engaged in discriminatory selective prosecution in violation of his fifth amendment rights. We reverse on the first issue and do not reach the second.

At trial, the Government established that Boucher registered with the Selective Service System on July 16, 1973,…