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LEVY v. DILLON

No. 78-68.

415 F.2d 1263 (1969)

Captain Howard Brett LEVY, Appellant, v. Colonel Wilbur DILLON, Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

September 18, 1969.

Attorney(s) appearing for the Case

Burt Neuborne, New York City (Alan H. Levine, New York City, Wayne T. Stratton, Topeka, Kan., and Charles Morgan, Jr., Atlanta, Ga., with him on the brief) for appellant.

Capt. Richard F. Locke, JAGC, Washington, D. C. (Benjamin E. Franklin, U. S. Atty., Kenneth F. Crockett, Asst. U. S. Atty., Topeka, Kan., and Lt. Col. Arnold I. Melnick, JAGC, Washington, D. C., with him on the brief) for appellee.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

Captain Howard Brett Levy, a commissioned medical officer of the United States Army on active duty, was tried and found guilty of violating Articles 90, 133 and 134 of the Uniform Code of Military Justice (U.C.M.J.) on June 2, 1967, by general court-martial. He was sentenced on June 3 of that year to dismissal from the service, forfeiture of pay and allowances, and confinement at hard labor for three years. The sentence was approved by the convening...

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