BROSIUS v. WARDEN, U.S. PENITENTIARY, LEWISBURG

No. 01-1102.

278 F.3d 239 (2002)

Michael Todd BROSIUS, Appellant, v. WARDEN, UNITED STATES PENITENTIARY, LEWISBURG, PA.

United States Court of Appeals, Third Circuit.

Opinion Filed January 23, 2002.


Attorney(s) appearing for the Case

Paul M. Pohl (Argued), Jones, Day, Reavis & Pogue, Pittsburgh, PA, Counsel for Appellant.

Major Dan Brookhart (Argued), Department of the Army Office of the Judge Advocate General, Arlington, VA, Counsel for Appellee.

Before: BECKER, Chief Judge, ALITO, and BARRY, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge.

This is an appeal by Michael Todd Brosius from an order dismissing his petition for a writ of habeas corpus. Brosius was convicted of unpremeditated murder following a general court martial, and he is serving a sentence of imprisonment. His conviction was affirmed by the Army Court of Military Review, see United States v. Brosius, 37 M.J. 652 (A.C.M.R. 1993), and the Court of Military Appeals granted review...

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