United States v. David Marshall Pence

LAY, Circuit Judge.

David Marshall Pence appeals his conviction of failing “to comply with an order of his local board to report for and submit to induction into the armed forces of the United States * * *” in violation of 50 U.S.C.App. § 462. The grounds of appeal are two-fold: (1) that defendant’s I-A classification (available for military service) was without basis in fact and (2) that defendant’s reclassification from I-A-0 (conscientious objector available for noncombatant military service only) to I-A was arbitrary and capricious and beyond the authority of the board. The district court…