United States v. Silvera, 19242.
| Decision Date | 12 May 1971 |
| Docket Number | No. 19242.,19242. |
| Citation | 441 F.2d 1152 |
| Parties | UNITED STATES of America v. Robert James SILVERA, Appellant. |
| Court | U.S. Court of Appeals — Third Circuit |
Robert P. Glickman, Glickman & Valentine, Newark, N. J., for appellant.
Jerome L. Merin, Asst. U. S. Atty., Newark, N. J. (Frederick B. Lacey, U. S. Atty., on the brief), for appellee.
Before SEITZ, ALDISERT and ROSENN, Circuit Judges.
Defendant appeals a jury conviction of unlawfully failing to appear and report for induction into the Armed Forces. All of the errors assigned by defendant presuppose that he perfected a claim for conscientious objector status which should have been, but was not, processed by his local board. On his classification questionnaire, defendant signed a printed statement which read as follows: "I claim to be a conscientious objector by reason of my religious training and belief and therefore request the local board to furnish me a Special Form for Conscientious Objector (SSS Form No. 150)." Under 32 C.F.R. § 1621.11, a registrant seeking CO status "shall offer information in substantiation of his claim" on Form 150. Although defendant was furnished a Form 150 on two different occasions, the jury was reasonably entitled to conclude that defendant never returned either of these forms to his local board and that he never submitted any other papers tending to substantiate his claim. Consequently, the board was entitled to proceed, as it apparently did, on the reasonable assumption that no CO claim was being asserted.
Since defendant did not exhaust his administrative remedies, there is no merit to his additional claim that he was denied the right to judicial review of his classification at trial. United States v. Deans, 436 F.2d 596 (3d Cir. 1971).
The judgment of the district court will be affirmed.
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United States v. Pompey, 19385.
...of address and to explain that he would not perform alternate civilian service as a conscientious objector. Cf. United States v. Silvera, 441 F.2d 1152 (3d Cir. 1971). In the words of the Ninth Circuit, the defendant "did not request that the classification be reopened. He advised, but did ......
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United States v. Tobias, 19351.
...a claim for conscientious objector status which should have been, but was not, processed by his local board," United States v. Silvera, 441 F.2d 1152 (3 Cir. 1971). Originally issued a II-S deferment based on his status as a student at the University of Pittsburgh, appellant was later class......
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United States v. Lederer, Crim. No. 70-487.
...it apparently did, on the reasonable assumption that no C.O. claim was being asserted.'" 447 F.2d at 228, citing United States v. Silvera, 441 F.2d 1152, 1153 (3rd Cir. 1971). Defendant maintains that he did return Form SSS-150 and it was misplaced by either the post office or the Board. If......