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UNITED STATES v. HODGINS

No. 72-2844.

485 F.2d 549 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Francis HODGINS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 2, 1973.

Attorney(s) appearing for the Case

Michel F. Willey (argued), San Francisco, Cal., for defendant-appellant.

Joseph E. Reeves, Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before MERRILL and ELY, Circuit Judges, and MURPHY, District Judge.

MERRILL, Circuit Judge:

Appellant has taken this appeal from conviction of refusal to submit to induction into the armed forces. At issue is the validity of his classification as I-A in light of his application for conscientious objector status. His motion for acquittal was denied by the District Court upon two grounds: that he had failed to state a prima facie claim for a I-O classification; that he had failed to exhaust his administrative remedies. Appellant contends...

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