United States of America, Appellee, v. Carl Ernest Johnson, Jr., Appellant, 439 F.2d 700 (9th Cir. 1971)

Annotate this Case
U.S. Court of Appeals for the Ninth Circuit - 439 F.2d 700 (9th Cir. 1971) February 22, 1971

Carl E. Stewart, Hollywood, Cal., for appellant.

Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Richard H. Kirschner, Asst. U. S. Atty., Los Angeles, Cal., for appellant.

Before CHAMBERS, MERRILL and DUNIWAY, Circuit Judges.


The judgment of conviction is affirmed.

Johnson refused induction into the military service at a reception center. There for the first time he began to assert he was a conscientious objector and to plead that he was about to become a father.

After the refusal, he did file his claims with the local board. That was too late. See Blades v. United States, 9 Cir., 407 F.2d 1397.

Also, there was a failure to exhaust administrative remedies.