United States v. James Richard Smith

447 F.2d 496

UNITED STATES of America
v.
James Richard SMITH, Appellant.

No. 71-1230.

United States Court of Appeals, Third Circuit.

Argued June 10, 1971.

Decided June 16, 1971.

Appeal from United States District Court for the Eastern District of Pennsylvania; John P. Fullam, Judge.

1

James W. Tracey, III, Wollman, Tracey & Schlesinger, Philadelphia, Pa., for appellant.

2

Richard R. Galli, Asst. U. S. Atty., Philadelphia, Pa. (Louis C. Bechtle, U. S. Atty., on the brief), for appellee.

3

Before STALEY and ADAMS, Circuit Judges, and GARTH, District Judge.

OPINION OF THE COURT

PER CURIAM:

4

Appellant was convicted of having refused to perform alternate civilian service at the Williamsport Hospital in lieu of military service. He had been classified 1-O by his local board despite his assertion of entitlement to a ministerial exemption.

5

Appellant asserts that there was no basis in fact for his 1-O classification and that the local board which classified him was composed of members from his county but that several members did not live within his area.

6

We have carefully considered each of appellant's arguments and find them to be without merit. See United States v. Tobias, 447 F.2d 227 (C.A.3, 1971).

7

The judgment of the district court will be affirmed.