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UNITED STATES v. REISS

November 14, 1972

UNITED STATES of America, Plaintiff,
v.
Robert L. REISS, Defendant


Brieant, District Judge.


The opinion of the court was delivered by: BRIEANT

FINDINGS AND CONCLUSIONS

Brieant, District Judge.

 By indictment filed August 11, 1971, defendant Robert L. Reiss was charged, on or about the 30th day of June, 1969, and up to and including the date of filing of the indictment in this District, with knowing failure, neglect and refusal to perform a duty required of him under, and in execution of, the Military Selective Service Act of 1967, 50 U.S.C. App. § 451 et seq. Specifically, defendant was charged with failure to register with the duly designated registration official and Local Board which had jurisdiction in the area in which he was located on the date fixed for his registration.

 Defendant pleaded not guilty and waived trial by jury. The cause was tried before me on September 14, 1972. Decision was reserved, and defendant continued on bail.

 The statute which the defendant is charged with violating is § 462(a) of the Military Selective Service Act of 1967 ("Act"). Section 453 of the Act contains provisions with respect to registration. In substance, this section provides that every male citizen of the United States shall "present himself for and submit to registration at such time or times and place or places and in such manner, as shall be determined by proclamation of the President and by rules and regulations prescribed hereunder."

 In substance, 32 C.F.R. § 1611.1 requires that every male citizen of the United States who shall have attained the eighteenth anniversary of the day of his birth shall present himself for and submit to registration before a duly designated registration official, or the local board having jurisdiction in the area in which he has his permanent home, or in which he may happen to be on the day or any one of the days fixed for his registration. Section 1611.1 thereof makes this duty to register a continuing duty.

 By Presidential Proclamation No. 2699, persons such as defendant, born after September 19, 1930, shall be registered on their eighteenth birthday, or within five days thereafter.

 Defendant was born on June 30, 1951. Accordingly, on June 30, 1969, or within five days thereafter (and continuously until he did so) defendant was required to register with the Local Board. Defendant was, on June 30, 1969, a resident of 526 East 20th Street in the Borough of Manhattan and City of New York, which area is served by Local Board No. 2, then located at 205 East 42nd Street in the Borough of Manhattan, City of New York.

 As of August 11, 1971, the date on which the indictment was filed, defendant had not registered with the Selective Service System, in that he had not presented himself at the Board and had not submitted to registration before a duly designated registration official of the Local Board as required by 32 C.F.R. § 1611.1, previously mentioned.

 On July 8, 1969, the New York City Headquarters of the Selective Service System received a registered letter postmarked July 3, 1969 and dated July 2, 1969, (within the five day period following defendant's eighteenth birthday). Enclosed with defendant's handwritten letter was a certificate from his high school on a mimeographed form, dated June 27, 1969, indicating that defendant was enrolled in the 12th grade, scheduled to graduate in June, 1970, and that his date of birth was June 30, 1951.

 In his aforementioned letter, defendant advised the Selective Service System in relevant part as follows:

 
"Today I write you of my eighteenth birthday, June the thirtieth, nineteen -- sixty-nine."

 Defendant asserted in his letter a "conscientious objection based upon personal pacifism", averred that he could "not accept induction into the military, including evading moral beliefs by doing alternate service instead." Thereafter, defendant wrote:

 
"So I, a lad like any other eighteen year old, find myself not preparing to know that process which takes place after registering with a draft board since, as is evidenced ...

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