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David J. Miller

Released
Date of birth:1941
Gender:Male
Race:White
Era:1960s
State:New York
Time Imprisoned:
1 Year 10 Months
Support
Anti-War Catholic Worker Movement
David J. Miller

Biography

David J. Miller was a 24-year-old Catholic Worker pacifist and the first person prosecuted under the August 1965 amendment to the Selective Service Act criminalizing destruction of a draft card. On October 15, 1965, at a rally outside the Armed Forces Induction Center on Whitehall Street in lower Manhattan, Miller burned his draft card with a borrowed lighter; FBI agents arrested him three days later. He was convicted in February 1966 and sentenced to 30 months in federal prison. The Second Circuit upheld his conviction (367 F.2d 72), and the Supreme Court declined to take the case, instead later upholding the law in United States v. O'Brien (1968). Miller remained free on bail until June 1968, when he began serving and ultimately did 22 months in federal prison.

Case

Charges: Destruction of Selective Service registration certificate (50 U.S.C.
Arrested: Oct 18, 1965
Incarcerated: Jun 19, 1968
Released: 1970
Sentence: 30 months (served 22 months) Initially jailed overnight October 18-19, 1965 and released on bail. A later brief confinement was also interrupted by appellate bail. Returned to prison June 19, 1968; Miller recalled 22 months served and release in 1970. The exact release month and day remain unverified.
Convicted: Yes