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UNITED STATES v. McKEE

No. 14063.

446 F.2d 974 (1971)

UNITED STATES of America, Appellee, v. William E. McKEE, Appellant.

United States Court of Appeals, Fourth Circuit.

July 12, 1971.

Attorney(s) appearing for the Case

Geddes H. Martin, Columbia, S. C., and Richard L. C. Sullivan, Columbia, S. C., on the brief, for appellant.

Joseph O. Rogers, Jr., U. S. Atty. for District of South Carolina, and Marvin L. Smith, Asst. U. S. Atty., on the brief, for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and BUTZNER, Circuit Judges.

PER CURIAM:

William E. McKee, convicted of refusing to submit to induction, appeals on the grounds that his draft board failed to consider his application for classification as a conscientious objector. McKee requested reclassification as a conscientious objector for the first time after his induction order had been issued.* The Supreme Court has held that a registrant whose conscientious objection crystallizes only after his induction...

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