[364-398] [400-406] [410-419]
[420-423] 425-435 F. 2d [475-480] [485-838]

Selective Service Cases
in the Federal Reporter
425-435 F. 2d

http:// www.agu.ac.jp / ~vicks62 / jeffreyb / resist11.html

These are NOT draft evaders. Most REFUSED to report for induction OR submit to induction. After being convicted in District Court, they took their battle to one of the Circuit Courts of Appeal AND the appeal court's opinion was published in the Federal Reporter.

429 F. 2d
page		 Defendant-Appellant
decided		 Circuit Charge(s) Conviction ...
13 Ray Beldon ENSLOW 9th refusal to submit
to induction		 affirmed

425 F. 2d
page		 Defendant-Appellant
decided April - May 1970		 Circuit Charge(s) Conviction ...
185 Willam David
GARAWAY		 9th refusal to submit
to induction		 reversed
Garaway, a full-time organizer for L.A. Draft Resistance, had had
a sympathetic prosecutor. John Hornback refused to raise any
objections during the trial. With two sons serving in Vietnam,
however, Judge Curtis, showed no sympathy at all. He sentenced
Garaway to the maximum, five years. Garaway was tried a second
time, after Curtis' sons had returned, soured on the war. With
a sympathetic judge and prosecutor, the case was dismissed.
--Richard Gould (2017). Refusal to Submit pp. 268-270.--
261 David B. TROUTMAN 8th refusal to submit
to induction		 reversed and
indictment
dismissed
On February 24, 1970, the Supreme Court vacated the decision
of the Appeal Court that had affirmed conviction. See United States v.
Troutman, 412 F. 2d. 810 and Gutknecht v. United States, 396 U.S. 295 .
302 Stephen R. EVANS 9th refusal to submit
to induction		 affirmed
605 Charles Douglas
CHAUDRON		 8th failure to report
for civilian work		 affirmed
646 Dennis Murray
CUMMINS		 2nd refusal to submit
to induction		 reversed and
acquitted
2 to 1
696 Paul Henry
SWIERENGA		 6th refusal to submit
to induction		 affirmed
910 Stephen Eugene
ABBOTT		 8th refusal to submit
to induction		 reversed and
acquitted
1092 Bobby Gene PERDUE 4th refusal to submit
to induction		 reversed
1134 George M. VASILJ 9th failure to report
for induction		 affirmed
1362 Gene James
SHERMEISTER		 7th refusal to submit
to induction		 reversed
2 to 1
426 F. 2d
page		 Defendant-Appellant
decided Jan. - May 1970		 Circuit Charge(s) Conviction ...
298 Robert Alvin ADKINS 5th false possession
of registration card		 affirmed
544 Ray Beldon ENSLOW 9th refusal to submit
to induction		 affirmed
691 Vincent Francis
McGEE, Jr.		 2nd refusal to submit
to induction
failure to report
for physical
non-possession of
classification notice
failure to provide
information		 Counts I,
Count II,
and
Count III
affirmed
2 to 1
Count IV
moot
2 to 1
765 Walter Joseph
COLLINS		 5th six counts of
refusal to report
for and submit
to induction		 Count I
acquitted
at trial
Counts II
through VI
affirmed
773 Bruce L. BEYER 2nd three counts of
assault and
impeding arrest		 Count I
acquitted
at trial
Count II
and Count III
affirmed
815 Richard L. REINOEHL 9th objection to
copy charges
for Selective
Service files		 dismissal
of complaint
affirmed
915 David Henry HOLMES 2nd refusal to submit
to induction		 remanded
for further
hearings

429 F. 2d
page		 Defendant-Appellant
decided June - Sep. 1970		 Circuit Charge(s) Conviction ...
13 Paul Bennett
BIGMAN		 9th failure to register
for the draft		 affirmed
32 Larry Nolan DOBIE 4th refusal to report
for induction
as a delinquent		 remanded for
rehearing
92 James Leonard
CAVERLY		 8th refusal to submit
to induction		 reversed
134 Robert Lee
FORSTING		 8th refusal to submit
to induction		 reversed
391 Allen Franklin
FRENCH		 9th failure to report
for induction		 reversed
401 Walter Daniel
COFFEY		 9th refusal to submit
to induction		 reversed
481 Roberto Alfredo
DAVILA		 5th refusal to submit
to induction		 reversed
587 Burton Strout
MARKS		 9th burning of
draft card		 reversed
619 Daniel Edward FIX 9th appeal of
dismissal		 certified to
Supreme Court
658 Mark WEINTRAUB 2nd failure to submit
to induction		 affirmed
984 Dennis Warren
McQUEARY		 9th failure to submit
to induction
as a delinquent		 reversed
1273 Harry William
DANIELS, Jr.		 6th failure to report
to local board for
work assignment		 affirmed but
remanded for
resentencing
1340 Douglas Heath
BROWN		 10th habeas corpus
after induction		 granted

432 F. 2d
page		 Defendant-Appellant
decided Aug. - Nov. 1970		 Circuit Charge(s) Conviction ...
8 Joel P. BEKOWIES 9th harboring a draft
resister and
conspiracy		 reversed
57 Robert James
REESE		 2nd failure to report
for induction		 affirmed
109 Larry Dean
SLAWSON		 10th failure to comply
with an order
from local board		 affirmed
422 Mathew Dusty
WROBLEWSKI, Jr.		 9th failure to report
for induction		 affirmed
924 Lynn Roy
HIGGINS		 2nd refusal to submit
to induction
as a delinquent		 reversed and
indictment
dismissed
Higgins' conviction had been affirmed, 416 F.2d 406, then
vacated under Gurknecht v. United States, 396 U.S. 295.
1009 Joseph Anthony
DAVIS		 9th failure to submit
to induction
as a delinquent		 remanded
1010 Michael Joseph
CORDIA		 9th failure to submit
to induction		 affirmed for
the time being
1064 Allan Dale
HAIFLEY		 10th refusal to submit
to induction		 affirmed
1182 John F. HEMES 7th post-induction
habeas corpus
denied in court		 reversed,
habeas corpus
granted
433 F. 2d
page		 Defendant-Appellant
decided Sep. - Nov. 1970		 Circuit Charge(s) Conviction ...
381 Robert Edward REEB 9th refusal to submit
to induction		 affirmed
649 Frank Michael GARRITY, Jr. 8th failure to submit
to induction		 affirmed
914 Charles Michael PACHECO 10th failure to submit
to induction		 reversed
939 Vincent James HOUSTON 2nd refusal to report
for induction		 affirmed
950 Arthur Sidney HART 9th failure to report
for induction		 affirmed
1024 William Alan CALLISON 9th refusal to submit
to induction		 reversed
see United States vs Callison, 413 F. 2d. 133
the conviction had been affirmed by the Ninth Circuit Court
but the Supreme Court remanded it for further consideration
1292 Luke Hamilton JONES 2nd failure to report
for induction		 affirmed
1305 William Ray WILLIAMS 9th failure to report
for induction
failure to provide
current address
failure to possess
classification card		 affirmed
1356 Robert K. BURNETT, Jr. 5th restraining order
against induction
dismissed		 appeal
dismissed
434 F. 2d
page		 Defendant-Appellant
decided Sep. - Dec. 1970		 Circuit Charge(s) Conviction ...
49 Barry Wayne BITTINGGER
(classified 1-O)		 4th failing to report
for civilian work		 reversed
175 Michael Benjamin WEISSMANN 8th mutilating and destroying
registration certificate
by tearing it asunder		 affirmed
209 Thomas Robert HOSMER 1st refusing to submit
to induction		 affirmed
251 Louis Joseph MILETO 2nd possession of another's
draft card for
false identification		 remanded
572 David Eugene BEVRIER
(classified I-O)		 4th failing and neglecting
to report for work		 affirmed
582 Gregory Paul NOONAN 3rd refusal to submit
to induction		 affirmed
610 Asa John BERGER 9th refusal to submit
to induction		 affirmed
652 Robert Wayne TAYLOR 4th failing and refusing
to report for and
submit to induction		 affirmed
686 John Daniel FARRELL 2nd restraining order
against induction		 injuction denied
stay vacated
740 Anthony Lewis GRIFFIN 6th failure to report
for civilian service		 affirmed 2-1
and remanded
859 James FALCON 3rd restraining order
against induction		 rejected and
ruling affirmed
990 William Roger RETALLICK 9th refused
to be inducted		 affirmed
1301 David Michael AUSTIN 5th refused to report for
and submit to induction		 affirmed
435 F. 2d
page		 Defendant-Appellant
decided May 1970 - Jan. 1971		 Circuit Charge(s) Conviction ...
12 Alfred Loren WALLACE 9th failure to report
for induction		 affirmed
18 James Charles MAZENIS 7th habeas corpus
denied		 affirmed
117 Daniel ALEXANDER 9th refusal to submit
to induction		 affirmed
170 Russell Wilson GILMORE 5th refusal to submit
to induction		 affirmed
306 Thomas Mitchell
GOODMAN		 7th failure to report
for civiian work		 affirmed
324 Daniel Leslie BRANDT 9th failure to report
for physical
refusal to submit
to induction		 both counts
reversed
601 John Philip CROCKER 8th refusal
to register
probation
revoked		 conviction
affirmed
probation
restored
671 Roger Grant NEWTON 9th refusal to submit
to induction		 reversed
683 Peter William
SAUNDERS, Jr.		 5th failure
to register		 affirmed
830 Glen Earl LONG 10th refusal to submit
to induction		 reversed
834 Eugene Sanger
DANIELL, III		 1st refusal to submit
to induction		 affirmed
854 Robert Michael SCHRADER 9th refusal to submit
to induction		 affirmed
950 Arthur Henry RUCKER 8th refusal to submit
to induction		 affirmed
1059 Frederick Joseph
CHASE et al. (+14)		 7th destruction
of draft records		 gag order
reversed
1062 Burley COLEMAN 4th habeas corpus
denied		 reversed
and remanded
1273 Lt. Norman
Slade CONRAD		 7th habeas corpus
denied		 reversed
and granted

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