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United States v. Orr

decided: March 13, 1973.

UNITED STATES OF AMERICA, APPELLEE,
v.
LEMUEL LEON ORR, JR., APPELLANT



Moore, Feinberg and Mulligan, Circuit Judges.

Author: Mulligan

MULLIGAN, Circuit Judge.

This is an appeal by Lemuel Orr, Jr., from a judgment of conviction entered on June 14, 1972 after a non-jury trial before Hon. Edward Weinfeld, United States District Judge.*fn1 Orr was found guilty of unlawfully failing to report for induction*fn2 into the Armed Forces (50 U.S.C. App. ยง 462(a)) and was sentenced to a prison term of six months.

Affirmed.

I.

The evidence shows that appellant registered with Local Board 12 in New York City in September 1969. He also submitted his classification questionnaire (SSS Form 100) in which he asserted a claim for conscientious objector status. On July 2, 1970, the Board mailed to appellant the Special Form for Conscientious Objectors (SSS Form 150). He, however, did not return the form and the Board, on October 27, 1970, classified him I-A, noting on his file "doubt sincere C.O." He was duly notified of his classification and of his right to a personal appearance and an appeal.

On November 18, 1970, appellant made a personal appearance before Board Chairman David Edwards, who prepared a written summary of the interview:

Registrant appeared and was sworn. States he failed to return Form 150 because it was lost or destroyed in a fire. States he is a member of the Muslim religion and has been so for the past 8 or 9 months. He participates regularly in their activities and works in one of their health food stores. Produced membership card.

He claims conscientious objector exemption by reason of his religious beliefs and membership in the Muslim religion that he should not take part in wars which take human lives. However, he states he is not opposed to participation in all wars; that he would participate in a war in self defense which he thought was a threat to him, his family, his mosque, his loved ones or intimate community. Board believes he is sincere in his beliefs. Registrant informed to complete & return form 150 and consideration to be given upon receipt of same.

Appellant returned SSS Form 150 in which he made the following statement in describing the nature of his belief:

We believe that we who declared ourselves to be righteous [sic] Muslims, should not participate in wars which take the lives of humans. We do not believe this nation should force us to take part in such wars, for we have nothing to gain from it, unless America agrees to give us the necessary territory wherein we may have something to fight for.

On December 16, 1970, the Local Board noted:

Unable to determine sincerity without personal interview. Call in for interview.

Thus, the appellant made a second personal appearance on February 16, 1971. The Board summarized ...


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