JAY RICHARD BERGMAN, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
JAY RICHARD BERGMAN, APPELLANT,
UNITED STATES OF AMERICA, APPELLEE
420 F.2d 681
United States Court of Appeals for the Ninth Circuit (1969)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:
Appellant was indicted for, then tried and convicted by the court of, a violation of the Universal Military Training & Service Act in refusing to be inducted into the Armed Forces of the United States as ordered by his Selective Service Board. He claimed 1-0 or, in the alternative, a II-A classification. He received I-A. The scope of our review is limited to the question of whether there is a basis in fact for the classification received by appellant. His sincerity in making the 1-0 claim was in issue. The Board resolved that issue against him. Clearly, there was a basis in fact for the Board’s action.
On the II-A claim, the record supports our conclusion that there was a basis in fact for the Board’s decision that appellant failed to make a prima facie showing that he could not be replaced in his work.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States v. Martinez, 427 F.2d 1358 (9th Cir. 1970)
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United States v. Moss David Posner, 424 F.2d 181 (9th Cir. 1970)
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United States v. Duncan Walker, 462 F.2d 482 (9th Cir. 1972)