GESSNER v. UNITED STATES

No. 8220.

354 F.2d 726 (1965)

George John GESSNER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

December 21, 1965.


Attorney(s) appearing for the Case

Gerald L. Goodell and Ernest J. Rice, Topeka, Kan., for appellant.

Robert L. Keuch, Washington, D. C., (J. Walter Yeagley, Asst. Atty. Gen., Newell A. George, U. S. Atty., and Kevin T. Maroney, Atty., U. S. Dept. of Justice, on the brief), for appellee.

Before PICKETT, LEWIS and HILL, Circuit Judges.


DAVID T. LEWIS, Circuit Judge.

On December 6, 1960, appellant Gessner, then a private first class in the United States Army, went AWOL from his unit stationed at Fort Bliss, Texas, and remained absent without leave until his arrest by military authorities in Panama on March 22, 1961. He was subsequently tried by court martial for desertion, found guilty, and sentenced to a period of confinement at the United States Disciplinary Barracks, Fort Leavenworth, Kansas....

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