United States v. Kuehnau

DECISION and ORDER

MYRON L. GORDON, District Judge.

The defendant is charged under the selective service laws with having failed to report for alternative civilian seiwice as required by 50 U.S.C.App. § 456(j). He has filed several pretrial motions.

I

The defendant’s first motion is to dismiss the indictment. He urges that the *1325alternative service provision is defective in that it violates the free exercise clause of the first amendment to the United States Constitution. The defendant concedes that 1st, 5th, 13th and 14th amendment challenges to the alternative service provision have been rejected…