United States v. Robert Allen Powell
UNITED STATES of America, Appellee, v. Robert Allen POWELL, Appellant
Opinion
PER CURIAM:
This appeal follows Powell’s conviction for having refused to submit to induction into the Military Service. 50 U.S.C. App. § 462.
Powell’s claim to conscientious objector status was considered by his local board and rejected. He was classified 1-A, eligible for military service, and advised of that fact. He was also advised by his local board of his right to appeal his classification, but he failed to avail himself of that right. The District Court held that since Powell did not exhaust the administrative remedies available to him, he could not challenge the board’s classification in the courts. The precise question was under consideration by our *698 court, en banc, at the time of oral argument of the case at hand. We have now resolved it, and our disposition is fatal to Powell’s appeal. Lockhart v. United States, 420 F.2d 1143 (9th Cir. Dec. 18, 1969) (en banc).
Affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
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.