446 F2d 568 United States v. Warren

446 F.2d 568

UNITED STATES of America, Plaintiff-Appellee,
Britt WARREN, Defendant-Appellant.

No. 71-1424.

United States Court of Appeals, Ninth Circuit.

August 10, 1971.

Rehearing Denied September 21, 1971.

Lloyd Hicks, Visalia, Cal., for defendant-appellant.

William R. Allen, Asst. U. S. Atty., Dwayne Keyes, U. S. Atty., Fresno, Cal., for plaintiff-appellee.

Before MERRILL, HUFSTEDLER and TRASK, Circuit Judges.


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Appellant, Britt Warren, appeals from a conviction for a violation of 50 U.S.C. App. § 462, failure to submit to induction into the armed services.


In 1967 he registered and was classified II-S because he was in high school. He stated his belief in a Supreme Being and wrote that "God is the only being with the right to kill." In 1968 he was classified I-A, received Form 217 notifying him of his right to a personal appearance and an appeal, but did not appeal. In 1969 he was again classified I-A, received the same Form 217 and again failed to appeal. On April 9, 1969, he received a final I-A classification after having told his local board he would not report for induction. Again, he did not appeal. He refused induction on June 17, 1969.


Appellant's contention that his conscientious objector claim was improperly rejected may not be considered. He has completely failed to invoke or exhaust his administrative remedies in a situation where they should have been pursued. McGee v. United States, 402 U.S. 479, 91 S.Ct. 1565, 29 L.Ed.2d 47 (1971).


Judgment affirmed.