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UNITED STATES v. SWENSON

No. 88, Docket 20765.

165 F.2d 756 (1948)

UNITED STATES ex rel. WEINTRAUB v. SWENSON, Lieutenant Colonel, Infantry.

Circuit Court of Appeals, Second Circuit.

January 22, 1948.

Attorney(s) appearing for the Case

Samuel T. Ansell and Roger Robb, both of Washington, D. C. (Edward C. Wallace, of New York City, of counsel), for appellant.

John F. X. McGohey, U. S. Atty., of New York City (John F. Ryan, Asst. U. S. Atty. of New York City, and Bertram Schwartz, Headquarters First Army, Office of Army Judge Advocate, of New York City, of counsel), for appellee.

Before L. HAND, SWAN and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

The relator, a First Lieutenant in the United States Army, was brought to trial before a general court-martial, found guilty of the offenses charged, and sentenced, on April 8, 1946, to dismissal from the service, forfeiture of pay and allowances, and confinement at hard labor for six years at such place as the reviewing authority might direct. This sentence was approved and confirmed by the final reviewing...

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