United States v. Walter Daniel Coffey

EUGENE A. WRIGHT, Circuit Judge:

This is an appeal from a conviction for refusing induction into the Armed Forces. 50 U.S.C. App. § 462(a). Under the compulsion of Welsh v. United States, 398 U.S. 333, 90 S.Ct. 1792, 26 L.Ed.2d 308 (1970), we reverse.

Coffey registered with his local board in 1961. Until 1965, he was classified I-A, although he sporadically attended the University of California at Berkeley during that period. From March 1965 to October 1965, and from January 1966, to October 1966, his local board granted him a student deferment.

In September 1966, Coffey requested a Special Form…