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LEVY v. DILLON

No. L-543.

286 F.Supp. 593 (1968)

Captain Howard Brett LEVY, Petitioner, v. Colonel Wilbur DILLON, Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, Respondent.

United States District Court D. Kansas.

July 29, 1968.

Attorney(s) appearing for the Case

Alan H. Levine, and Burt Neuborne, New York City, and Wayne T. Stratton, Topeka, Kan. (Charles Morgan, Jr., Atlanta, Ga., on the brief), for petitioner.

Captain Richard F. Locke, JAGC, Washington, D. C., and Kenneth F. Crockett, Asst. U. S. Atty., Topeka, Kan. (Colonel Robert K. Weaver, JAGC, Washington, D. C., and Benjamin E. Franklin, U. S. Atty., Kansas City, Kan., on the brief), for respondent.

ARTHUR J. STANLEY, Jr., Chief Judge.

Captain Howard Brett Levy, now confined in the United States Disciplinary Barracks, Fort Leavenworth, Kansas, petitions this court for writ of habeas corpus. He alleges that his restraint is illegal and unconstitutional for the reasons that:

"It is in direct violation of Article 71(c) of the Uniform Code of Military Justice, which provides: `No sentence which includes, unsuspended, a dishonorable or bad-conduct...

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