United States v. Ross, CR71-43S.
| Decision Date | 08 August 1972 |
| Docket Number | No. CR71-43S.,CR71-43S. |
| Citation | 345 F. Supp. 566 |
| Parties | UNITED STATES of America, Plaintiff, v. Henry Ramsey ROSS, Jr., Defendant. |
| Court | U.S. District Court — District of South Dakota |
R. D. Hurd, Asst. U. S. Atty., Sioux Falls, S. D., for plaintiff.
Lee M. McCahren, Vermillion, S. D., for defendant.
Defendant, Henry Ramsey Ross, Jr., is charged by indictment with (1) willful failure to submit to induction into the Armed Forces of the United States on or about June 22, 1971, (2) willful failure to submit to a pre-induction physical for induction into the Armed Forces of the United States on or about July 2, 1970, (3) willful failure to submit to a pre-induction physical for induction into the Armed Forces of the United States on or about August 5, 1970, and, (4) willful failure to keep his local draft board notified as to his current address, all in violation of 50 U.S. C.A. App. Sec. 462. Upon defendant's written waiver of jury trial, his case was tried to the Court. This memorandum decision is entered in compliance with Rule 23(c) of the Federal Rules of Criminal Procedure.
On April 25, 1966, defendant registered with local board number 1 at Sioux Falls, South Dakota, receiving a I-S-H classification. He listed his current mailing address as 420½ South First Avenue, Sioux Falls, South Dakota. Craig Shaw, 510 North Nesmith, of Sioux Falls, South Dakota, was the person the registrant listed who would always know registrant's address. Registrant did not claim to be a conscientious objector at that time.
On December 19, 1966, defendant was reclassified I-A. On December 23, 1966, he completed a current information questionnaire listing his current mailing address as 335 South Phillips Avenue, Sioux Falls, South Dakota. This time George Shaw of 510 North Nesmith, Sioux Falls, South Dakota, was listed as the person who would always know the registrant's address.
Ross personally appeared at the local board on December 30, 1966, and requested classification as a conscientious objector. He again gave his present mailing address as 335 South Phillips Avenue. Defendant was given the special form 150 for conscientious objectors on that date and returned it on January 10, 1967. In his form 150 Ross listed 420½ South First Avenue, Sioux Falls, South Dakota, as his mailing address.
The local board voted unanimously to deny the registrant's conscientious objector claim on January 23, 1967. He was notified that his I-A classification was being retained and that he had 30 days within which he could appeal this decision. Instead of appealing his I-A classification, Ross, by letter received on February 6, 1967, requested a student deferment. A II-S deferment was granted to the registrant on February 23, 1967.
Ross again listed his address as 335 South Phillips Avenue when seeking a student deferment in the fall of 1967.
The local board reclassified Ross I-A on November 18, 1969, since Ross had not supplied proof that he was an enrolled student. Again Ross was notified of his right to a personal appearance and appeal. His order to report for a pre-induction physical on December 15, 1969, was cancelled on November 28, 1969, because proof of his status as a student was received by the local board. This notice of cancellation was mailed to defendant at 335 South Phillips in Sioux Falls and to 227 Forest in Vermillion, South Dakota. Ross was reclassified II-S on December 9, 1969. In submitting proof of his student status, Ross gave his school address as 227 Forest, Vermillion, on November 28, 1969, and did not list any school address on March 3, 1970.
On March 20, 1970, one Dennis Fanning delivered the following note to the local board:
your friend (signature) Henry Ramsey Ross 227 Forest Vermillion, S. D.
By letter of March 20, 1970, the local board wrote the registrant:
We have received your letter requesting a conscientious objector form. However, in checking your file, we find that you have already completed one such form. This form is still valid and can be used by the board in reviewing your classification. If you wish any further information submitted, this may be done in letter form.
In response to the local board's request for new information, Ross hand delivered a letter to the local board on May 11, 1970, in which he states that he "can not serve if called nor can (he) in good conscience further co-operate with" the local board. He further stated:
i had originally planned a letter telling you why i am a C.O. with all the rhetoric that draft boards all over the nation receive but i will not further try to fit my mind and body into your system. i have nothing to do with the number you have decided is me my thoughts and actions are those of other human beings and far beyond your simple minded catagories. . . . i would like at this point to ask that you withdraw my name from its present II-S classification
On May 26, 1970, Ross was granted his last request and classified I-A. He was again notified of his right to personal appearance and appeal, but he did not appeal. On June 15, 1970, notice to report for a pre-induction physical on July 2, 1970, was mailed to Ross at 227 Forest, Vermillion, South Dakota 57069. Ross did not report. On July 27, 1970, an order to report for a pre-induction physical on August 5, 1970, was mailed to defendant at 227 Forest, Vermillion, S. Dak. This notice contained the additional information that "(F)ailure to comply with this, your second notice for a physical, will result in your being ordered for induction." Ross did not report.
On August 11, 1970, defendant's mother informed the local board that defendant's address was Rural Route 3, Vermillion, South Dakota.
On November 10, 1970, the registrant was mailed an order to report for induction into the Armed Forces of the United States on December 2, 1970. The order was mailed to defendant at Rural Route 3, Vermillion, South Dakota. This letter was returned unclaimed with addressee unknown on November 13, 1970. It was remailed to 335 South Phillips Avenue, Sioux Falls, South Dakota, on November 13, 1970. This time it returned marked moved, left no address, with the further notation, On November 16, 1970, it was mailed to George Shaw, 510 North Nesmith, Sioux Falls, South Dakota. This time the letter never returned. This order was never mailed to 227 Forest, Vermillion, South Dakota.
On December 2, 1970, several young people presented themselves at the Armed Forces Examining and Entrance Station and each claimed to be Henry Ramsey Ross. At trial Ross...
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