UNITED STATES v. HERNANDEZ

No. 71-1656.

453 F.2d 297 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Estevan HERNANDEZ, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 29, 1972.


Attorney(s) appearing for the Case

Thomas B. Taylor, Jr., Conroe, Tex. (Court-appointed) for defendant-appellant.

Seagal V. Wheatley, U. S. Atty., Jeremiah Handy, Reese L. Harrison, Jr., Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

Estevan Hernandez, Jr., appeals his conviction for failing to accept civilian employment as a conscientious objector in violation of the Military Selective Service Act of 1967, 50 U.S.C. App. §§ 451-473. Since we hold that Hernandez failed to exhaust his administrative remedies, we do not reach his contention that the draft classification was erroneous and without a basis in fact.

At the trial below the evidence showed...

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