Atkins v. United States, 4589.
| Citation | 204 F.2d 269 |
| Decision Date | 04 May 1953 |
| Docket Number | No. 4589.,4589. |
| Parties | ATKINS v. UNITED STATES. |
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
Hayden C. Covington, Brooklyn, N. Y. (Tom S. Williams, San Antonio, Tex., on the brief), for appellant.
William O. Jordan, Asst. U. S. Atty., Albuquerque, N. M. (Maurice Sanchez, U. S. Atty., Albuquerque, N. M., on the brief), for appellee.
Before BRATTON, HUXMAN and PICKETT, Circuit Judges.
The indictment in this case charged that appellant neglected, failed, and refused to be inducted into the service of the armed forces of the United States after having been ordered to do so, in violation of Section 12 of the Universal Military Training and Service Act of 1948, 50 U.S.C.A.Appendix, § 462. Trial by jury was waived and the cause was submitted to the court upon the following stipulated facts. Appellant registered with his local board and filed a classification questionnaire claiming exemption as a minister of religion. He was placed in class I-A and shortly thereafter he made request to appear personally before the board. He appeared in person; the board heard him; and two days later the board, acting through its clerk, wrote him a letter in which it was said:
"This is to advise you that your request for IV-D classification is denied by the Board, however, as your case was reopened when you appeared before the Board and submitted additional evidence, you have the same right of appeal as you had at the time of your original classification."
Thereafter, appellant appealed to the State Appeal Board, and he was classified I-A. He then appealed to the Presidential Appeal Board and was again classified I-A. Thereafter, he filed with the local board a conscientious objector's questionnaire. The local board advised him that it would not reopen the subject of his classification and that he was still in class I-A. He then asked the State Director of Selective Service to intervene in his behalf but the request was denied. In due time, the local board ordered appellant to report for induction. He reported but refused to be inducted. Based upon these stipulated facts, the court found appellant guilty and sentenced him to imprisonment.
Section 1624.1 of the Selective Service Regulations, 32 C.F.R. 825, provides in substance that after being classified by the local board, a registrant shall upon written request therefor be given an opportunity to appear in person before the member or members of the local board designated for the purpose. Section 1624.2(a) provides that at the time and place fixed by the local board, the registrant may appear and that the fact of his appearance shall be entered in the "Minutes of Actions of Local Board and Appeal Board" on the Classification Questionnaire (SSS Form No. 100). Section 1624.2(b) provides that at any such appearance, the registrant may discuss his classification, may point out the class or classes in which he thinks he should have been placed, and may direct attention to any information in his file which he believes the local board has overlooked or to which he believes it has not been given sufficient weight; that he may furnish further information; and that such information shall be in writing, or, if oral, shall be summarized in writing. While it has been amended since, section 1624.2(c) in the form in which it existed at all times material here provides that after the registrant has appeared, the local board shall consider the new information which it receives and shall again classify the registrant in the same manner as if he had never before been classified. And disregarding a subsequently made amendment, section 1624.2(d) as it existed at all times material here provides among other things that after the registrant has appeared, the local board, as soon as practicable after it again classifies him, shall mail notice thereof on Notice of Classification (SSS Form No. 110) to the registrant.
Failure to accord a registrant the procedural rights provided by the regulations makes void an order to report for induction and constitutes a valid defense to a criminal charge of refusing to be inducted into the service. But a mere procedural irregularity in the administrative proceedings had under the Universal Military Training and Service Act, supra, which does not result in prejudice to the registrant is to be disregarded in determining the validity of the proceedings. Martin v. United States, 4 Cir., 190 F.2d 775, certiorari denied, 342 U.S. 872...
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United States v. Witmer, 12244.
...as to the result thereof, and placing a proper summary in the files constitutes de novo consideration. Atkins v. United States, 10 Cir., 1953, 204 F.2d 269, at page 271. The Department of Justice and the appeal board were free, if there was a proper factual basis, to reject the recommendati......
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United States v. Hagaman, 11189.
...a set of corporate minutes. The present case is like Martin v. United States, 4 Cir., 1951, 190 F.2d 775, followed in Atkins v. United States, 10 Cir., 1953, 204 F.2d 269 in which the court refused to "quibble over The course of decision on this matter has been a commendable one. If a regis......
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Olguin v. United States, 9793.
...that the registrant was denied a procedural right and such denial was actually prejudicial to his substantial rights. Atkins v. United States, 204 F.2d 269 (10th Cir. 1953); Swaczyk v. United States, 156 F.2d 17 (1st Cir. 1946); United States ex rel. Woodard v. Deahl, 151 F.2d 413 (8th Cir.......
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United States v. Mekolichick, 11794
...the facts the detail overlooked by the board was not important. Martin v. United States, 4 Cir., 1951, 190 F.2d 775; Atkins v. United States, 10 Cir., 1953, 204 F.2d 269. The judgments of the district court will be 1 United States v. Stiles, 3 Cir., 1948, 169 F.2d 455; United States v. Zieb......