Gregory Lee Merritt v. United States
Gregory Lee MERRITT, Appellant, v. UNITED STATES of America, Appellee
Opinion
PER CURIAM:
Appellant, a Jehovah’s Witness, contending that he is entitled to a ministerial exemption, seeks reversal of a judgment of conviction of failing and refusing to perform civilian work under the Universal Military Training and Service Act, 50 App.U.S.C.A. § 456(j) and 462 (a). We affirm.
Convinced that the factual setting of this case does not take it out of the ambit of well settled precedents, it suffices to say that the record clearly discloses that the appellant wholly failed to discharge his burden of establishing a prima facie case for a ministerial exemption, Dickinson v. United States, 1953, 346 U.S. 389 , 74 S.Ct. 152 , 98 L.Ed. 132 ; Witmer v. United States, 1955, 348 U.S. 375 , 75 S.Ct. 392 , 99 L.Ed. 428 ; Matyastik v. United States, 5 Cir. 1968, 392 F.2d 657 ; Jones v. United States, 5 Cir. 1968, 387 F.2d 909 ; Wiggins v. United States, 5 Cir. 1958, 261 F.2d 113 , and that there was substantial basis in fact for the local board’s declination to reopen the appellant’s classification as a conscientious objector and to grant him a ministerial exemption. Estep v. United States, 1946, 327 U.S. 114 , 66 S.Ct. 423 , 90 L.Ed. 567 ; Wood v. United States, 5 Cir. 1967, 373 F.2d 894 , vacated, other grounds, 389 U.S. 20 , 88 S.Ct. 3 , 19 L.Ed.2d 20 ; Greer v. United States, 5 Cir. 1967, 378 F.2d 931 ; Fitts v. United States, 5 Cir. 1964, 334 F.2d 416 .
Appellant’s further assertion that his constitutional rights have been violated because of the absence of provisions in the Selective Service Act and Regulations for representation by counsel before the local board, for compulsory process, and for the confrontation of witnesses against him, is without merit. The procedure under the draft law and classification by a local board is in no way penal, nor is it a criminal trial with the right to be represented by counsel, and to call, examine and cross-examine witnesses. United States v. Capson, 10 Cir. 1965, 347 F.2d 959, 962 ; Imboden v. United States, 6 Cir. 1952, 194 F.2d 508, 513 , cert. denied, 343 U.S. 957 , 72 S.Ct. 1052 , 96 L.Ed. 1357 .
Affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 13 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.