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UNITED STATES v. PARKER

Nos. 16210, 16211.

390 F.2d 360 (1968)

UNITED STATES of America ex rel. James F. O'CALLAHAN, Appellant, v. J. J. PARKER, Warden, United States Penitentiary, Lewisburg, Pennsylvania, and the Department of the Army, United States Army, Washington, D. C.

United States Court of Appeals Third Circuit.

Opinion February 2, 1967.

Reargued on January 11, 1968.

Decided March 8, 1968.

Attorney(s) appearing for the Case

Victor Rabinowitz, Rabinowitz & Boudin, New York City, for appellant.

Captain Richard F. Locke, Office of the Judge Advocate General, Department of the Army, Washington, D. C. (Bernard J. Brown, U. S. Atty., Harry A. Nagle, Asst. U. S. Atty., Lewisburg, Pa., James R. Robinson, Lieutenant Colonel, JAGC, Office of The Judge Advocate General, Department of the Army, Washington, D. C., Bernard J. Brown, U. S. Atty., Abraham Nemrow, Lieutenant Colonel, JAGC, Office of The Judge Advocate General, Department of the Army, Washington, D. C., on the brief), for appellee.

Before HASTIE, Chief Judge, and GANEY and SEITZ, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

The petitioner in this habeas corpus proceeding was a soldier in the United States Army when a court-martial convicted him of the crimes of housebreaking and assault with intent to commit rape and imposed a ten year sentence which he is now serving.

After his sentence had become final he attacked it collaterally by petition in the nature of error coram nobis in the United States Court of Military Appeals...

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