MILLER v. UNITED STATES

No. 7431.

324 F.2d 730 (1963)

Gregory F. MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

November 19, 1963.


Attorney(s) appearing for the Case

Richard L. Bohanon, Oklahoma City, Okl., for appellant.

Joseph J. DeFrancesco, Office of The Judge Advocate General (Newell A. George, U. S. Atty., Benjamin E. Franklin, Asst. U. S. Atty., and Abraham Nemrow, Office of The Judge Advocate General, on the brief), for appellee.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.


PER CURIAM.

Petitioner, while an enlisted man in the United States Army, was convicted by a general court martial and brought habeas corpus to obtain relief from the sentence imposed. After the trial court had denied his petition, the Secretary of the Army remitted the unexecuted portion of his sentence and ordered his separation from the service with an undesirable discharge. The government has moved to dismiss on the ground that the case is moot.

Habeas...

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