AUSTIN v. UNITED STATES

No. 29470 Summary Calendar.

434 F.2d 1301 (1970)

David Michael AUSTIN, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 3, 1971.


Attorney(s) appearing for the Case

Samuel S. Jacobson, Jacksonville, Fla. (Court Appointed), for defendant-appellant.

Joseph W. Hatchett, Asst. U. S. Atty., John L. Briggs, U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


DYER, Circuit Judge:

Austin was convicted in a jury trial for refusing to submit to induction into the armed forces in violation of 50 U.S. C.A. App. § 462(a). On appeal he contends that his local Selective Service Board denied him due process by failing to provide any classification information and by failing to treat a letter sent by him to the board as an application for conscientious objector classification. We affirm.

When Austin received an order...

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