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UNITED STATES v. PACHECO

No. 179-70.

433 F.2d 914 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Michael PACHECO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 20, 1970.

Attorney(s) appearing for the Case

John A. Babington, Asst. U. S. Atty. (Victor R. Ortega, U. S. Atty., and Stephen L. ReVeal, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Robert P. Tinnin, Jr., Albuquerque, N. M., for defendant-appellant.

Before BREITENSTEIN and SETH, Circuit Judges, and TEMPLAR, District Judge.

BREITENSTEIN, Circuit Judge.

On a trial to the court without a jury, defendant-appellant Pacheco was found guilty of violating 50 U.S.C. App. § 462 (a) by failing to submit to induction into the armed forces of the United States. On appeal he attacks the validity of the induction order and asserts that the Local Board improperly rejected his claim of conscientious-objector status.

Defendant registered with his Local Board in June, 1966, and received a...

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