Lopez v. United States (404 U.S. 1213)

Applicant, whose conscientious objector claim matured after receipt of his induction notice, was convicted for refusing to submit to induction. He thereafter sought modification of his sentence to enable him to submit to induction and obtain from the Army a ruling on his claim. He asserts Army regulations in force at the time of his induction did not permit such in-service review, and that the relief he seeks is implicitly authorized by Ehlert v. United States, 402 U. S. 99. His appeal now pending in the Court of Appeals concerns the propriety of such a procedure. Held: Applicant should be released on his own recognizance pending disposition of his appeal.

See: 322 F.Supp. 852.

Mr. Justice DOUGLAS, Circuit Justice. Opinion in Chambers.