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UNITED STATES v. SIMPSON

No. 71-1790.

460 F.2d 515 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. John William SIMPSON, aka Brother John Simpson, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 4, 1972.

Attorney(s) appearing for the Case

Norton Tooby, Menlo Park, Cal., for defendant-appellant.

James Bruen, Asst. U.S. Atty., James L. Browning, Jr., U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before KOELSCH, BROWNING, and ELY, Circuit Judges.

ELY, Circuit Judge:

On December 24, 1970, Simpson took a container of gasoline to the offices of the Local Board of the Selective Service System in San Jose, California. He intended—despite his knowledge that such acts were illegal—to burn some of the Board's records in an effort to move the United States toward terminating the conflict in Southeast Asia.

After surreptitiously gaining access to the Board's file room, he opened one of the file...

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