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ALEXANDER v. UNITED STATES

No. 26377.

435 F.2d 117 (1970)

Daniel ALEXANDER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

November 30, 1970.

Attorney(s) appearing for the Case

Phillips B. Patton, Santa Cruz, Cal., (argued), for appellant.

John G. Milano (argued), Asst. U. S. Atty., Robert L. Browning, U. S. Atty., San Francisco, Cal., for appellee.

Before MERRILL, KOELSCH and WRIGHT, Circuit Judges.

PER CURIAM:

This court has consistently held that, absent exceptional circumstances, the failure of a selective service registrant to seek an administrative review of his classification precludes him from asserting a claim of conscientious objection as a defense in a prosecution for refusing to submit to induction. Lockhart v. United States, 420 F.2d 1143 (9th Cir. 1970) (Citing numerous cases).

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