United States v. Michael Stephen Findley

ALDRICH, Chief Judge.

This is an appeal by the government from the dismissal of an indictment. The facts are these. Defendant, classified I-A by his local Selective Service Board, was ordered to report for induction on June 24, 1969. After receipt of this notification, he requested SSS Form 150, seeking a conscientious objector classification, which he completed and returned to the Board on June 2. The Board thereafter wrote him as follows.

“This letter is- to advise that your case was considered by the Board at a meeting held June 24, 1969. The Board did not reopen your classification.”

Apparent…