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UNITED STATES v. BROWN

No. 71-2695.

456 F.2d 983 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. John Wesley BROWN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 6, 1972.

Attorney(s) appearing for the Case

Mark F. Howell, by Janet Ruesch Pauls, El Paso, Tex., for defendant-appellant.

Seagal V. Wheatley, U.S. Atty., Ralph E. Harris, Asst. U.S. Atty., El Paso, Tex., Victor K. Sizemore, Asst. U.S. Atty., Albuquerque, N.M., William S. Sessions, U.S. Atty., San Antonio, Tex., Edward S. Marquez, Asst. U.S. Atty., El Paso, Tex., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

CLARK, Circuit Judge:

John Wesley Brown appeals his nonjury conviction of failing to submit to induction into the armed forces. 50 U.S.C.A. App. § 462(a). His sole defense was that his local board had unlawfully refused to classify him as a conscientious objector. After a full trial upon the merits, the district judge found that there was a "basis in fact" for the board's action, Estep v. United States, 327 U.S. 114, 122, 66 S...

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