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GORDON v. WILLINGHAM

No. 13557.

294 F.2d 575 (1961)

James GORDON and Edward L. Brown, Petitioners, Appellants, v. J. T. WILLINGHAM, Warden, United States Penitentiary, Lewisburg, Pennsylvania, Respondent-Appellee.

United States Court of Appeals Third Circuit.

Decided August 30, 1961.

Attorney(s) appearing for the Case

Alfred Avins, Chicago, Ill., for appellants.

James C. Waller, Jr., Washington, D. C. (Daniel H. Jenkins, U. S. Atty., Phillip H. Williams, Asst. U. S. Atty., Scranton, Pa., Thomas A. Ryan, Lieutenant Colonel, JAGC, Office of The Judge Advocate Gen., Dept. of the Army, Washington, D. C., on the brief), for appellee.

Before BIGGS, Chief Judge, and HASTIE and FORMAN, Circuit Judges.

PER CURIAM.

Appellants are two of seven American soldiers who were tried together and convicted by a court-martial in West Germany for multiple rape upon a fifteen year old German girl. Appellant Gordon was sentenced by the court to life imprisonment and dishonorable discharge. Appellant Brown was sentenced to imprisonment for forty years and dishonorable discharge. In due course a Board of Review, acting pursuant to Article...

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