UNITED STATES v. NIX

No. 25871.

437 F.2d 746 (1971)

UNITED STATES of America, Appellee, v. Paul J. NIX, Appellant.

United States Court of Appeals, Ninth Circuit.

February 3, 1971.


Attorney(s) appearing for the Case

Somers, Fox & Kallen, Santa Monica, Cal., for appellant.

David Fox (appeared), Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Los Angeles, Cal., for appellee.

Before BARNES and DUNIWAY, Circuit Judges, and SOLOMON, District Judge.


PER CURIAM:

Paul Nix was convicted in a court trial for his refusal to be inducted into the armed forces in violation of 50 U.S. C.App. § 462. In this appeal he contends that his local board denied him due process (1) by refusing to reopen his classification when he requested a Conscientious Objector's classification after he received a notice of induction and (2) by constructively reopening his classification without allowing a Selective Service appeal.

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