United States v. Haesi Heribert Butler

SPRECHER, Circuit Judge.

Defendant was indicted in four counts: failure to report for induction on August 12, 1970 (I); failure to report for induction on November 8, 1971 (II); making a false statement bearing upon his classification on December 10, 1968 (HI); and making a false statement bearing upon his classification on June 10, 1969 (IV).

Defendant’s motion to dismiss Counts I and II was granted on the basis that defendant was denied due process of law when his local board wrongfully refused to reopen his classification after he had presented the board with information that established a…