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UNITED STATES v. SCHWARTZ

October 11, 1973

UNITED STATES of America
v.
Thomas Patrick SCHWARTZ


Gorbey, District Judge.


The opinion of the court was delivered by: GORBEY

GORBEY, District Judge.

 Defendant Thomas Patrick Schwartz was indicted on April 4, 1972 on two counts. Count 1 charged that on or about January 22, 1971, and continuing from day to day thereafter, defendant did knowingly and unlawfully, fail, neglect and refuse to keep the Local Board informed as to his current address, in violation of 50 App. U.S.C. § 462. Count 2 charged that on or about February 11, 1971, and continuing from day to day thereafter, the defendant did knowingly and unlawfully, fail, neglect and refuse to comply with a valid and lawful order of Local Board No. 106, dated January 22, 1971, directing him to report for and to submit to induction into the Armed Forces of the United States on February 11, 1971, in violation of 50 App. U.S.C. § 462.

 FINDINGS OF FACT

 1. On April 30, 1969, defendant registered with the Selective Service System, Local Board No. 106, Jenkintown, Pennsylvania.

 2. At the time of his registration, the defendant gave his address as 7820 Queen Street, Philadelphia, Pennsylvania. On August 20, 1969, the defendant was sent notice that he was classified 1-A.

 3. On September 19, 1969, defendant was mailed a notice to report for a physical examination on October 3, 1969. On that date defendant was found fully acceptable for induction into the Armed Forces.

 4. On January 22, 1971, the defendant was mailed an order to report for induction on February 11, 1971. Said notice was mailed to 7820 Queen Street, Philadelphia, Pennsylvania. On February 22, 1971, defendant's mother, who resides at the Queen Street address, called the Local Board to inform them that she had received the induction notice for her son, but could not give it to him as he had left home and she had no idea where he was.

 5. On May 3, 1971, Local Board No. 106 received a letter from the defendant stating that he is a conscientious objector, and requesting a SSS-150 form.

 6. This letter gave defendant's address as 106 Everett Avenue, Willow Grove, Pennsylvania.

 7. Local Board 106 accepted this letter as a change of address notification and recorded defendant's new address on his file.

 8. Pursuant to this request, defendant was mailed a SSS-150 form on June 17, 1971, at the Willow Grove address.

 9. Said form was never completed and returned to the Local Board by defendant.

 10. On June 11, 1971, Local Board No. 106, after receiving permission from headquarters in Harrisburg, reported defendant to the United States Attorney's office for the ...


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