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David Alan Wayte

Released
Date of birth:1961
Age:65
Gender:Male
Race:White
Era:1980s
State:California
Time Imprisoned:
6 Months 0 Days
Support
Anti-War Conscientious Objection
No image available

Biography

Former Yale philosophy student from Pasadena who wrote letters to government officials publicly announcing his refusal to register; the letters were placed in a Selective Service file used by DOJ to select "vocal" nonregistrants for prosecution. Indicted July 22, 1982. U.S. District Judge Terry Hatter dismissed the indictment on selective-prosecution grounds; the Supreme Court reversed in Wayte v. United States, 470 U.S. 598 (1985), 7-2, holding that DOJ's selective prosecution did not violate the First or Fifth Amendments. Wayte then pleaded guilty in June 1985 and Hatter sentenced him on Sept. 10, 1985 to six months under house arrest at his grandmother's home — far below the 5-year statutory maximum.

Case

Charges: Failure to register
Arrested: Jul 21, 1982
Sentenced: Sep 9, 1985
Incarcerated: Sep 9, 1985
Released: Mar 9, 1986
Sentence: 6 months house arrest (no prison) Charges as recorded: Failure to register for the draft — Military Selective Service Act § 3, 50 U.S.C. App. § 453 (1980s draft-registration resistance test cases)
Judge: Hon. Terry J. Hatter Jr.
Convicted: Yes