United States v. Steven Ansel Garvin

KILEY, Circuit Judge.

This is an appeal from a judgment convicting the defendant of refusal to submit to induction in violation of 50 U.S.C. App. § 462. We reverse.

Garvin’s local board gave him a student classification and deferment from the time of his registration in March, 1965, until he was reclassified I-A in August, 1966. The board’s August action was based on information from him that he had completed but a half-year program in a university during that one year period. The board, in November, 1966, reclassified him I-S(C), a terminal student deferment, upon hearing from Garvin’s…