Osborn v. United States

9 Citing cases

  1. United States v. Pyrtle

    423 F.2d 772 (8th Cir. 1970)   Cited 6 times

    Witmer v. United States, 348 U.S. 375, 75 S. Ct. 392, 99 L.Ed.2d 428 (1955); Dickinson v. United States, 346 U.S. 389, 74 S.Ct. 152, 98 L.Ed. 132 (1953); Vaughn v. United States, 404 F.2d 586 (8th Cir. 1968); DeRemer v. United States, 340 F.2d 712 (8th Cir. 1965). While it is clear that the registrant has the burden of establishing that he falls within a particular classification, Dickinson v. United States, supra; Osborn v. United States, 319 F.2d 915 (4th Cir. 1963), it is also clear that when the uncontroverted evidence supporting a registrant's claim places him within the objective requirements of a particular classification, a local board may not dismiss the claim solely on the basis of suspicion and speculation. Dickinson v. United States, supra; Batterton v. United States, 260 F.2d 233 (8th Cir. 1958).

  2. United States v. Davis

    413 F.2d 148 (4th Cir. 1969)   Cited 27 times
    In United States v. Davis, 413 F.2d 148 (4th Cir. 1969), the court reversed a judgment of conviction because the failure of the local board to advise defendant of the availability of a government appeal agent, as required by Local Board Memorandum 82, deprived defendant of a substantial procedural right.

    United States v. Crowley, 405 F.2d 400 (4th Cir. 1968); United States v. Grundy, 398 F.2d 744 (3d Cir. 1968); Mahan v. United States, 396 F.2d 316 (10th Cir. 1968); Campbell v. United States, 396 F.2d 1 (5th Cir. 1968); Edwards v. United States, 395 F.2d 453 (9th Cir. 1968); DuVernay v. United States, 394 F.2d 979 (5th Cir. 1968); United States v. Dyer, 390 F.2d 611 (4th Cir. 1968); Dunn v. United States, 383 F.2d 357 (1st Cir. 1967); Thompson v. United States, 380 F.2d 86 (10th Cir. 1967). McKart v. United States, 395 U.S. 185, 89 S.Ct. 1657, 23 L.Ed.2d 194 (concurring opinion of Mr. Justice White); Lockhart v. United States, 1 S.S.L.R. 3204 (9th Cir. No. 21,311, October 23, 1968); Mahan v. United States, supra; Thompson v. United States, supra; Osborn v. United States, 319 F.2d 915 (4th Cir. 1963); Donato v. United States, 302 F.2d 468 (9th Cir. 1962). We hold that where a registrant has not been afforded by the board information or assistance required to be given him to assist him in deciding whether to appeal administratively, he is not subsequently barred in a criminal prosecution from questioning the classification.

  3. FORE v. UNITED STATES

    395 F.2d 548 (10th Cir. 1968)   Cited 11 times

    The burden, however, is upon the defendant to present the defenses that the classification was void or that he was prejudiced by a denial of some procedural safeguard. See Keene v. United States, 10 Cir., 266 F.2d 378; Wells v. United States, 5 Cir., 158 F.2d 932, cert. denied, 330 U.S. 827, 67 S.Ct. 867, 91 L.Ed. 1276; Osborn v. United States, 4 Cir., 319 F.2d 915; and Steele v. United States, 1 Cir., 240 F.2d 142. In any respect, the Clerk testified that the appellant would have been inducted by December 16, 1965, more than half a year before appellant was ordered to report.

  4. United States v. Stewart

    322 F.2d 592 (4th Cir. 1963)   Cited 16 times

    This is so despite the very narrow scope of judicial review provided for draft board orders, a review limited to a decision as to whether the board had a "basis in fact" for its decision. Witmer v. United States, supra; Dickinson v. United States, supra; Estep v. United States, 327 U.S. 114, 66 S.Ct. 423, 90 L. Ed. 567 (1946); United States v. Cole, 315 F.2d 466 (4 Cir. 1963); Osborn v. United States, 319 F.2d 915 (4 Cir. 1963). As there is no contradictory proof in the instant record, and as the government does not oppose his version of the material facts, Stewart must be held to have carried his burden of proving the objective facts of his claim.

  5. United States v. Caverly

    302 F. Supp. 757 (D.N.D. 1969)   Cited 1 times

    * * * * * * "In Osborn v. United States, 319 F.2d 915 (1963), it was held that the `[e]xtent of judicial review available with respect to draft classification is limited to cases where there is no basis in fact for classification given by local board, and decisions of local boards made in conformity with regulations are final, though they may be erroneous.

  6. United States v. Ruud

    299 F. Supp. 408 (D.N.D. 1969)   Cited 2 times

    Thereafter the opening and reclassifying of the defendant automatically cancelled the previous induction order and the defendant is now here on the basis of the indictment that charges that on or about the 25th of June, 1968, the defendant unlawfully and wilfully failed and neglected to perform a duty required of him under and in execution of the Universal Military Training and Service Act in that he failed and neglected to comply with an order of his local board to submit to induction into the armed forces. As was pointed out in Osborn v. United States, 4 Cir., 319 F.2d 915 (1963), the "[e]xtent of judicial review available with respect to draft classification is limited to cases where there is no basis in fact for classification given by local board, and decisions of local boards made in conformity with regulations are final, though they may be erroneous. Universal Military Training and Service Act, §§ 6(j), 12, 50 U.S.C.A. Appendix §§ 456(j), 462."

  7. United States v. Forsting

    304 F. Supp. 84 (D.N.D. 1969)

    As will be seen by plaintiff's Exhibit 1-30, among other exhibits, the local board took due note that the defendant first asked consideration as a student, and a farmer, withdrawing his first 'conscientious objector' appeal and enlisting in the Navy from which he was subsequently discharged, which caused the board to question the sincerity of the defendant's religious beliefs.         In Osborn v. United States, 319 F.2d 915 (4 Cir., 1963), it was held that the         'extent of judicial review available with respect to draft classification is limited to cases where there is no basis in fact for classification given by local board, and decisions of local boards made in conformity with regulations are final, though they may be erroneous.

  8. Jochim v. McAnaw

    296 F. Supp. 1305 (D.N.D. 1969)   Cited 3 times

    "Extent of judicial review available with respect to draft classification is limited to cases where there is no basis in fact for classification given by local board, and decisions of local boards made in conformity with regulations are final, though they may be erroneous. Universal Military Training and Service Act, §§ 6(j), 12, 50 U.S.C.A. Appendix §§ 456(j), 462." Osborn v. United States, 4 Cir., 319 F.2d 915 (1963). Mr. Justice Tom C. Clark in United States v. Seeger, 380 U.S. 163, at page 185, 85 S.Ct. 850, at page 864, 13 L.Ed. 2d 733, at page 747, said, among other things:

  9. United States v. Hogans

    253 F. Supp. 409 (E.D.N.Y. 1966)   Cited 2 times

    Although the defendant in this case received an Order to Report for Civilian Work (SSS Form No. 153) rather than an Order to Report for Induction (SSS Form No. 252), this section would still be applicable since "civilian work" is designed to be "in lieu of induction". 32 C.F.R. § 1660.20. Osborn v. United States, 4 Cir. 1963, 319 F.2d 915, 916; See also, Jeffries v. United States, 10 Cir. 1948, 169 F.2d 86; Evans v. United States, 9 Cir. 1958, 252 F.2d 509; United States v. Nichols, 7 Cir. 1957, 241 F.2d 1; Badger v. United States, 9 Cir. 1963, 322 F.2d 902, cert. denied, 1964, 376 U.S. 914, 84 S.Ct. 669, 11 L.Ed.2d 610; Greiff v. United States, 9 Cir. 1965, 348 F.2d 914. Cf., Glover v. United States, 8 Cir. 1961, 286 F.2d 84; Donato v. United States, 9 Cir. 1962, 302 F.2d 468, cert. denied, 1963, 374 U.S. 828, 83 S.Ct. 1868, 10 L.Ed.2d 1052.