United States v. Shapiro

ROBERT L. CARTER, District Judge.

OPINION

On July 14, 1967, defendant Allan Aaron Shapiro was indicted in the Southern District of New York for refusal to report for induction, in violation of Section 462(a) of Title 50 Appendix, United States Code. On November 29, 1974, Shapiro filed a motion to dismiss the indictment pursuant to Rule 12(b), F.R.Crim.P. In support of the motion, he argues that the alleged failure of his local draft board to state any reason for denying his application for conscientious objector status constituted a denial of due process. He claims that decisions of the United…