United States v. Mark Arden Schmucker

MILBURN, Circuit Judge.

Defendant-appellant Mark Arden Schmucker appeals his conviction for willfully failing to register with the Selective Service System in violation of 50 U.S.C. App. §§ 453, 462. Defendant’s principal arguments are that requiring him to register impermissibly burdened his rights under the free exercise clause of the First Amendment, and that he was entitled to discovery and an evidentiary hearing on his claim that he was selectively prosecuted on the basis of his religious beliefs. Finding defendant’s arguments without merit, we affirm.

I. FACTS

President Carter initiated…