# United States v. William E. McKee

> Court of Appeals for the Fourth Circuit · July 12, 1971 · 446 F.2d 974

URL: https://www.frixlaw.com/law-library/cases/298396

## Case

- **Full name:** UNITED STATES of America, Appellee, v. William E. McKEE, Appellant
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** July 12, 1971
- **Citations:** 446 F.2d 974; 1971 U.S. App. LEXIS 9011
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Haynsworth, Craven, Butzner
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/298396

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/298396. Public record. Not legal advice.