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

Selective Service Cases
in the Federal Reporter
364-398 F. 2d

http:// www.agu.ac.jp / ~vicks62 / jeffreyb / resist4.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.

400 F. 2d
page		 Defendant-Appellant Circuit Charge(s) Conviction ...
50 Leopoldo Reyes MARTINEZ 10th refusal to submit
to induction		 affirmed

400 F. 2d
page		 Defendant-Appellant Circuit Charge(s) Conviction ...
50 Leopoldo Reyes MARTINEZ 10th refusal to submit
to induction		 affirmed

364 F. 2d
page		 Defendant-Appellant
decided July - Aug 1966		 Circuit Charge(s) Conviction ...
223 Al-Majied MUHAMMAD 4th refusal to submit
to induction		 affirmed
487 Stanley Lorenzo GARLAND 2nd refusal to submit
to physical exam		 affirmed
914 Delmont Vernon CARLSON 10th failure to report
for civilian work		 affirmed

367 F. 2d
page		 Defendant-Appellant
decided October 1966		 Circuit Charge(s) Conviction ...
72 David J. MILLER 2nd destroying his Notice
of Classification		 affirmed
368 F. 2d
page		 Defendant-Appellant
decided Oct - Nov 1966		 Circuit Charge(s) Conviction ...
144 David Arthur GEAREY 2nd refusal to submit
to induction		 vacated and
remanded
529 Stephen Lynn SMITH 8th mutilated and destroyed
Registration Certificate		 affirmed
369 F. 2d
page		 Defendant-Appellant
decided Oct - Dec 1966		 Circuit Charge(s) Conviction ...
323 David Henry MITCHELL, III 2nd failure to report
for induction		 affirmed
see United States v. Mitchell, 354 F. 2d 767 and
United States v. Mitchell, 386 U.S. 972
359 John Nelson HOGANS 2nd refusal to report
for civilian work		 affirmed
557 Peter Hanlon IRONS 6th failure to report
for physical
failure to report
for induction		 affirmed
922 Robert Benjamin PARDO 5th failure to report
for induction		 affirmed
936 Charles Alton JACKSON 4ht failure to report
for civilian work		 affirmed

United States v. Stephen Lynn Smith
249 F. Supp. 515 (S Iowa)

United States v. David Earl Gutknecht
283 F. Supp. 495 (district)

United States v. James Falcon
319 F. Supp. 1355 (district)

374 F. 2d
page		 Defendant-Appellant
Decided Feb - March 1967		 Circuit Charge(s) Conviction ...
1 William McKinley DAVIS, Jr. 5th failure to report for
and submit to induction		 affirmed
731 Daniel Clinton TUCKER 7th failure to report
for instructions
for civilian work		 affirmed
376 F. 2d
page		 Defendant-Appellant
Decided April - May 1967		 Circuit Charge(s) Conviction ...
538 David Paul O'BRIEN 1st mutilated, destroyed,
and changed
Registration Certificate
(including non-possession)		 affirmed
(included offense)
and remanded
for resentencing
see United States v. O'Brien, 391 U.S. 367
814 Craig A. CAPSON 10th refusal to submit
to induction		 affirmed
see United States v. Capson, 347 F. 2d. 959
the indictment had been dismissed in District Court
then the order to dismiss reversed upon appeal

384 F. 2d
page		 Defendant-Appellant
Decided July - Oct 1967		 Circuit Charge(s) Conviction ...
50 Leopoldo Reyes MARTINEZ 10th refusal to submit
to induction		 affirmed
115 Marc Paul EDELMAN 2nd mutilated and destroyed
Registration Certificate		 affirmed
115 Roy LISKER 2nd mutilated and destroyed
Registration Certificate		 affirmed
115 Thomas Charles CORNELL 2nd mutilated and destroyed
Registration Certificate
and Notice of Classification		 affirmed
133 Melvin Lee GOSS 10th failure to report
for civilian work		 affirmed
159 Stephen SPIRO 3rd failure to submit
to induction		 affirmed
372 Melburn Lewis FOSTER 5th failure to report
for civilian work		 affirmed
724 Robert James LINGO 9th refusal to submit
to induction		 affirmed
781 Roy Joe X. JONES 7th refusal to submit
to induction		 affirmed
905 Irving Alex KURKI 7th failure to report
for induction		 affirmed
2 to 1
943 Russel Milton WILLS 9th refusal to submit
to induction
(as a delinquent)		 affirmed

386 F. 2d
page		 Defendant-Appellant
Decided Nov - Dec 1967		 Circuit Charge(s) Conviction ...
25 Buford Darryl QUAID 10th refusal to submit
to induction		 reversed and
dismissed
422 James Cornell KIDD 10th refusal to report
for civilian work		 affirmed
427 Emerson Lee JONES 4th failure to report
for civilian work		 affirmed
434 Starling Gene HELM 4th failure to report
for induction		 affirmed
811 Robert Alan TALMANSON 1st refusal to submit
to physical exam
and induction		 affirmed
387 F. 2d
page		 Defendant-Appellant
decided Nov 1967 - Jan 1968		 Circuit Charge(s) Conviction ...
594 Freddy Dale KUYKENDALL 10th failure to report
for civilian work		 affirmed
649 James Edward BARNES 5th failure to report
for induction		 affirmed
781 Albert H. HOLMES 7th failure to report
for civilian work		 affirmed
909 Nathan Tony JONES 5th failure to report
for civilian work		 affirmed
1009 William George MIENTKE 7th failure to report
for civilian work		 affirmed
388 F. 2d
page		 Defendant-Appellant
Decided December 1967		 Circuit Charge(s) Conviction ...
246 Russell FREEMAN 7th refusal to submit
to induction		 reversed
973 David Bruce MILLER 9th refusal to submit
to induction		 reversed

396 F. 2d
page		 Defendant-Appellant
decided May - June 1968		 Circuit Charge(s) Conviction ...
1 James CAMPBELL 5th failure to report
for civilian work		 affirmed
155 Ernest Douglas BREDE 9th failure to report
for civilian work		 reversed
290 Michael J. ZIGMOND 1st injunction
against induction		 injunction
denied
316 Michael Joyce MAHAN 10th failure to report
for civilian work		 affirmed
397 F. 2d
page		 Defendant-Appellant
decided May - June 1968		 Circuit Charge(s) Conviction ...
370 Robert Nolan BRIGGS 9th refusal to submit
to induction		 reversed
384 Ronald Gene PRICE 7th failure to report
for civilian work		 affirmed
901 Cassius Marsellus CLAY, Jr.
(aka Muhammad Ali)		 5th refusal to submit
to induction		 affirmed
924 John Otis SUMERALL 5th refusal to submit
to induction		 affirmed
975 Thomas Jerry YEATER 9th refusal to submit
to induction		 affirmed
398 F. 2d
page		 Defendant-Appellant
decided July - Aug 1968		 Circuit Charge(s) Conviction ...
651 Robert Warren CARROLL 3rd refusal to submit
to induction		 reversed and
acquitted
686 John Howard PRINCE, Jr. 2nd failure to report
for induction		 affirmed
744 Bernard GRUNDY 3rd failure to report
for induction		 affirmed
816 James Austin IMUS 10th preliminary
injunction
against induction		 injunction
affirmed
893 Cleveland L. SELLERS, Jr. 5th rehearing
en banc		 denied

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