UNITED STATES v. STACEY

No. 26584.

441 F.2d 508 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Craig Joseph STACEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 12, 1971.


Attorney(s) appearing for the Case

Martha Goldin (argued), Hollywood, Cal., for defendant-appellant.

Elgin C. Edwards, Asst. U. S. Atty. (argued) Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Gregory Fischbach, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

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


BARNES, Circuit Judge.

Appellant Stacey appeals from his conviction for refusing to submit to induction in violation of 50 U.S.C.App. § 462. Our jurisdiction is based upon 28 U.S.C. § 1291.

Appellant's basic claim is that 32 C.F.R. § 1625.2 is unauthorized by and in conflict with the Military Selective Service Act of 1967, 50 U.S.C.App. § 451 et seq., and as applied to appellant violates due process and equal protection and infringes upon...

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