NEALON, District Judge.
David Beitler Trimble stands charged with a violation of the Universal Military Training and Service Act, 50 U.S.C. App. § 462, in that on November 4, 1968, he willfully and knowingly refused to submit to induction into the Armed Forces at the New Cumberland Army Depot, Harrisburg, Pennsylvania. Trial was had before this Court on July 23, 1969, at Harrisburg, Pennsylvania, defendant having executed the proper waiver of his right to trial by jury. At the conclusion of the case, defendant's motion for judgment of acquittal was denied and the matter taken under advisement to await the filing of the transcript and the fulfillment of a briefing schedule by the parties. At this time, I make the following
FINDINGS OF FACT
1. David Beitler Trimble, a Quaker, was born on June 15, 1945, and duly registered with Local Selective Service Board 83, Lancaster, Pennsylvania, upon reaching his eighteenth birthday.
2. On April 7, 1965, Local Board 83 classified Trimble II-S, reflecting his student status.
3. On August 18, 1965, Local Board 83 classified Trimble I-A following his graduation from Pennsylvania State University with an Associate Degree.
4. On October 6, 1965, Local Board 83 rejected Trimble's conscientious objector claim and classified him I-A. Trimble appealed the Board's action.
5. In late November, 1967, after receipt of a Department of Justice recommendation that Trimble was not sincere, the Pennsylvania Appeal Board unanimously classified Trimble I-A.
6. On December 7, 1967, Local Board 83 was notified by the Armed Forces Examining and Entrance Station, New Cumberland Army Depot, that Trimble was found to be medically unqualified and not acceptable for induction into the Armed Services.
7. On December 13, 1967, Local Board 83 classified Trimble IV-F and mailed him proper notice thereof (SSS Form 110).
8. On December 18, 1967, upon instructions from the Pennsylvania Selective Service Headquarters, Trimble was ordered by Local Board 83 to report for a "Re-Examination" by undergoing a physical examination on January 12, 1968. This order was later rescinded and Trimble was directed to report to Dr. Joseph G. Saxon, a consulting psychiatrist, for examination on January 22, 1968.
9. On February 2, 1968, Doctor Saxon, after noting his factual observations, concluded that Trimble had "features of an obsessive compulsive reaction and a history of using marihuana"; that "he adheres to ideologies which would seriously conflict with adjustment to military life"; that he was unable to state to what extent his ideologies are a product of his free will or are "predicated upon psychopathology"; and finally that Trimble was "not suitable for induction to military service."
10. At the bottom of Doctor Saxon's report the following handwritten comment appeared:
"I do not consider the opposition to the draft to be symptomatic of a psychiatric condition. Furthermore no definite evidence of a psychiatric condition has been documented by the consultant. The use of marijuana is not disqualifying as it is not an addicting drug. Therefore I find this man to be medically qualified for induction; as to his pacifist ideologies there can be no determination by me as to his qualifications as a conscientious objector.
/s/ R.B. Weiss, Cpt, MC"