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UNITED STATES v. EHRET

No. 25366.

431 F.2d 1146 (1970)

UNITED STATES of America, Appellee, v. Richard Damien EHRET, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 16, 1970.

Attorney(s) appearing for the Case

Robert J. Jaffe (argued), Mill Valley, Cal., Richard Damien Ehret, (pro. per.) for appellant.

Jerry Cimmett (argued), Asst. U. S. Atty., James L. Browning, U. S. Atty., F. Steele Langford, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before MADDEN, Judge of the United States Court of Claims, and HAMLEY and TRASK, Circuit Judges.

HAMLEY, Circuit Judge:

Richard Damien Ehret appeals from his conviction, under 50 U.S.C. Appendix § 462, for refusing to submit to induction into the Armed Forces of the United States. We affirm.

Defendant argues that he should have been acquitted because the Selective Service Act of 1967 is void for the reason that Congress lacks the power to conscript. The United States Supreme Court held to the contrary as recently as United States v. O'Brien,

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