United States of America, Appellee, v. Melvin Lee Foster, Appellant, 363 F.2d 871 (4th Cir. 1966)

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US Court of Appeals for the Fourth Circuit - 363 F.2d 871 (4th Cir. 1966) Argued June 24, 1966
Decided July 20, 1966

Melvin Lee Foster, pro se.

Charles O. Boyles, Richmond, Va., (Court-appointed counsel) for appellant.

T. P. Baer, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.


The defendant was sentenced to a term in prison for refusal to be inducted into the Armed Forces. He refused induction on the basis of conscientious objection, but he made no assertion of conscientious objection to induction until after receipt of the order of induction, when it was too late.

We have examined the record in the light of the briefs, the argument of counsel, and the defendant's pro se statement in his behalf, but we find no reversible error.