Opinion

United States v. William E. McKee

  • 446 F.2d 974
  • 1971 U.S. App. LEXIS 9011
Court
Court of Appeals for the Fourth Circuit
Filed
Jul 12, 1971
Status
Published
On the bench
Haynsworth, Craven, Butzner
Cited by
2 cases
Authority
More cited than 72.1%

The opinion

PER CURIAM:

William E. McKee, convicted of refusing to submit to induction, appeals on the grounds that his draft board failed to consider his application for classification as a conscientious objector. McKee requested reclassification as a conscientious objector for the first time after his induction order had been issued.

*

The Supreme Court has held that a registrant whose conscientious objection crystallizes only after his induction notice is mailed has no right to have his classification reopened, and that he must submit his claim through military channels. Ehlert v. United States, 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 (1971). The decision in

Ehlert

is controlling here. The judgment is

Affirmed.

*

We find no merit in McKee’s claim that the board by granting his request for transfer of the place of induction invalidated the induction order. 32 C.F.R. §§ 1632.2 (d), 1632.9(g).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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