United States v. John E. Fargnoli, United States of America v. Joseph R. Fargnoli, Jr.

COFFIN, Circuit Judge.

Appellants John and Joseph Fargnoli were convicted in jury-waived trials, 332 F.Supp. 1122, 1125, of refusing to submit to induction in violation of 50 U.S.C. App. § 462(a). Each argues that he was at the time of refusing induction, John on November 6, 1968, and Joseph on January 15, 1969, a “non-religious” conscientious objector entitled to be placed in Class 1-0 under a retroactive application of Welsh v. United States, 398 U.S. 333, 90 S.Ct. 1792, 26 L.Ed.2d 308 (1970). Although neither presented his claim of conscientious objection to his local board until long after…