Goetz v. United States, 14185.
| Decision Date | 14 October 1954 |
| Docket Number | No. 14185.,14185. |
| Citation | 216 F.2d 270 |
| Parties | Gary Edward GOETZ, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
J. H. Brill, San Francisco, Cal., for appellant.
Lloyd H. Burke, U. S. Atty., Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for appellee.
Before HEALY and POPE, Circuit Judges, and YANKWICH, District Judge.
Goetz was charged in an indictment with a violation of the Universal Military Training and Service Act, 50 U.S. C.A.Appendix, § 451 et seq., in that he knowingly refused to be inducted into the armed forces. Upon this appeal from his conviction he asserts that his classification by the Selective Service boards was without basis in fact; that the action of the boards was arbitrary and capricious; and that he was denied the hearing required by the Selective Service Regulations.
In the papers filed with the local board Goetz claimed to be a minister of religion and also that he was conscientiously opposed to both combatant and noncombatant military service. The local board classified him in I-A-O (conscientious objector available for noncombatant military service only). He requested and was granted a personal appearance before the board which continued him in I-A-O. He appealed to the appeal board which referred his file to the Department of Justice for a hearing and recommendation. Under date of October 1, 1952, the Department of Justice by a Special Assistant to the Attorney General, reported to the appeal board that after a hearing by the Department's hearing officer, the Department recommended that Goetz's claim for exemption from both combatant and noncombatant training and service be not sustained. This letter set forth that the registrant was a Jehovah's Witness; that he based his claim for exemption on the teachings of that sect and his own interpretations of the Bible; that his conduct had been excellent; that his behavior had been good; that he had always manifested an active interest in the Jehovah's Witnesses activities; his scholastic record was above average; he had observed the rules of good sportsmanship; and information obtained from neighbors indicated that he was a sincere young man of good reputation. It was reported that his corroborating witnesses described him as sincere, conscientious and a bona fide conscientious objector. The letter then proceeded:
Upon receipt of this recommendation the appeal board placed the appellant in Class I-A,...
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United States v. Johnson, 30656.
...1962). 5 Franks v. United States, 9 Cir., 1954, 216 F.2d 266; United States v. Atherton, 9 Cir., 1970, 430 F.2d 741; Goetz v. United States, 9 Cir., 1954, 216 F.2d 270; Palmer v. United States, 9 Cir., 1968, 401 F.2d 6 Cf. United States v. Lybrand, E.D.N.Y., 1967, 279 F.Supp. 74, 81-82. 7 E......
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Evans v. United States, 15385.
...board or the appeal board were superseded by this last classification, Hinkle v. United States, 9 Cir., 216 F.2d 8, 9; Goetz v. United States, 9 Cir., 216 F. 2d 270, 272; United States v. Moore, 7 Cir., 217 F.2d 428, 431; and the final classification had the effect of rendering harmless any......
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Bradley v. United States, 14357.
...F.2d 86, 91. 6 It is this classification with which we are here concerned. Hinkle v. United States, 9 Cir., 216 F.2d 8; Goetz v. United States, 9 Cir., 216 F.2d 270. 7 Incidentally, this was the only documentary evidence having an origin other than appellant himself which was ever submitted......
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Manke v. United States, 7612.
...in classifying appellant as I-A was influenced largely if not wholly by the recommendation of the Department of Justice. Goetz v. United States, 9 Cir., 216 F.2d 270. Since the recommendation, being made a part of the resume, was founded on a mistaken assumption of fact we hold that its con......