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

Selective Service Cases
in the Federal Reporter
400-406 F. 2d

http:// www.agu.ac.jp / ~vicks62 / jeffreyb / resist6.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.

401 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
decided July - Sep 1968		 Circuit Charge(s) Conviction ...
128 Richard BEIERLE 9th refusal to submit
to induction		 affirmed
577 Robert Wesley DAVIS 5th failure to report
for civilian work		 affirmed
599 Ernest Douglas BREDE 9th petition
for rehearing		 denied
793 Kenneth Paul YEOMAN 10th failure to report
for civilian work		 affirmed
898 Pablo ELIZARRARAZ 5th refusal to do
civilian work		 affirmed
923 William Francis KROLL 3rd petition
for new trial		 denied

402 F. 2d
page		 Defendant-Appellant
decided Sep - Oct 1968		 Circuit Charge(s) Conviction ...
51 Watson Woodson
JENNISON, Jr.		 6th refusal to submit
to induction		 affirmed
2 to 1
221 Edward Donald KROLL 3rd refusal to submit
to induction		 affirmed
297 Michael Allen LURIE 5th refusal to submit
to induction		 reversed
and remanded
to local board
513 Robert Wesley DAVIS 5th petition
for rehearing		 denied
see Davis v. United States, 400 F. 2d 577
536 Richard Walter BURTON 9th failure to report
for civilian work		 affirmed
676 Robert WATTS D.C. threatening
President's Life		 affirmed
403 F. 2d
page		 Defendant-Appellant
Decided Oct - Dec 1968		 Circuit Charge(s) Conviction ...
1 Ronald L. WAGNER 9th classified I-A classification
affirmed
36 Raymond Harrington
COSSEY		 2nd failure to report
for induction		 1944 conviction
affirmed
38 Arnold G. SANDBANK 2nd failure to
(I) report for
(II) and submit
to induction		 affirmed
71 Mendel Louis COOPER 10th (I) mutilation
of draft card
(II) non-possession		 (I) affirmed
(II) dismissed
Nobody messed with Mendel Cooper in prison,
even when he went trick-or-treating.
Gould (2017) Refusal to Submit pp. 133-136
384 Lawrence Monroe HAVEN 9th failure to report
for civilian work		 affirmed
531 Richard CHANDLER 4th failure to submit
to induction		 affirmed
555 Jeffrey Hale PERVIS 2nd refusal to submit
to induction		 reversed
and dismissed
896 Gary Herndon McCOY 5th refusal to submit
to induction		 affirmed
986 David Powers TICHENOR 6th failure to report
for civilian work		 reversed
and remanded
1005 Dan Lee WHITE 8th failure to report
for induction		 affirmed
404 F. 2d
page		 Defendant-Appellant
Decided Sep - Dec 1968		 Circuit Charge(s) Conviction ...
9 Steven Michael OSHATZ 9th refusal to submit
to induction		 reversed
95 Holbrook Thayer
ASHTON, II		 8th refusal to submit
to induction		 affirmed
"[P]rison was a liberating time for me" -Holbrook Ashton-
Gould (2017) Refusal to Submit p. 317
132 Thomas J. N. BELLMER 3rd refusal to submit
to induction		 vacated and
remanded
247 Robert Emanuel
SCIBERRAS		 10th wrongful
possession
of draft card		 reversed
and remanded
462 Richard D. YATES, Jr. 1st refusal to submit
to induction		 affirmed
586 William Creighton VAUGHN 8th failure to report
for induction		 affirmed
2 to 1
1049 David Leroy DANIELS 9th failure to report
for civilian work		 affirmed
see United States v. Daniels, 372 F. 2d. 407
the original conviction had been reversed
and remanded for a new trial
1078 ElliotT Ashton WELSH, II 9th refusal to submit
to induction		 affirmed
2 to 1
1141 Julita David ROBERTSON 5th failure to report
for civilian work		 reversed
2 to 1

406 F. 2d
page		 Defendant-Appellant
Decided Jan - Feb 1969		 Circuit Charge(s) Conviction ...
127 David B. STOPPELMAN 1st refusal to report
for induction		 affirmed
151 Winburn Carson KESSLER 5th refusal to be inducted reversed and
acquitted
456 Michael Waldo SIMMONS 5th failure to report for
and submit to induction		 affirmed
465 Cleveland Louis SELLERS 5th failure to report for
and submit to induction		 affirmed
494 David Earl GUTKNECHT 8th failure to report for
and submit to induction		 affirmed
see Gutknecht v. United States, 396 U.S. . 295
528 Charles Robert YOUNG 4th failure to submit
to induction		 affirmed
631 Rolf J. KOLDEN 8th restraining order
against induction		 injuction denied
636 Timothy J. BREEN 2nd restraining order
against induction		 injuction denied
2 to 1
704 Richard D. WILLIAMS 9th native Americans
subject to the draft?		 affirmed
729 Bruce David DANCIS 2nd mutilating one of
his draft cards
(by ripping it up)		 affirmed
809 Franklin Henry CHANEY 5th failed to submit
to induction		 affirmed
930 John P. TILLMAN,
Robert Barber MOORE,
Johnny C. WILSON,
Larry FOX,
Donald P. STONE,
Michael W. SIMMONS		 5th attempting
to inferfere
with administration
of the draft		 affirmed
1247 William Clyde FLEMING 5th failed to report
for induction		 affirmed

Last updated November 2024
contact information