445 F2d 1398 United States v. Ward

445 F.2d 1398

UNITED STATES of America, Appellee,
v.
Gregory John WARD, Appellant.

No. 26667.

United States Court of Appeals, Ninth Circuit.

August 18, 1971.

Appeal from the United States District Court for the Western District of Washington; William N. Goodwin, Judge.

Frank H. Retman (argued), of MacDonald, Hoague & Bayless, Seattle, Wash., for appellant.

Susan L. Barnes (argued), Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Seattle, Wash., for appellee.

Before JERTBERG, ELY, and KILKENNY, Circuit Judges.

PER CURIAM:

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1

Ward appeals his conviction for failing to submit to induction into the Armed Forces, in violation of 50 U.S.C. App. § 462. We reverse.

2

In its brief the Government admits that Ward's SSS Form 150 stated a prima facie claim for a conscientious objection (I-O) classification and that the State Selective Service Director ordered the local board to reopen Ward's classification. See 32 C.F.R. § 1625.3. There was never a reopening, and no reasons were given for the denial of the conscientious objector claim prior to the final notice of induction. Furthermore, we cannot see a basis in fact for denying the I-O claim that Ward presented.

3

Upon remand, the indictment will be dismissed.

4

Reversed, with directions.