DIORIO v. McBRIDE

No. 28961 Summary Calendar.

431 F.2d 730 (1970)

Michael J. DIORIO, Petitioner-Appellant, v. Brigadier General George H. McBRIDE, Installation Commander, Redstone Arsenal, Alabama, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

September 10, 1970.


Attorney(s) appearing for the Case

Smith, Lammons & Weaver, Macon L. Weaver, Huntsville, Ala., for petitioner-appellant.

Wayman G. Sherrer, U. S. Atty., E. Ray Acton, Asst. U. S. Atty., Birmingham, Ala., for respondents-appellees.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.


PER CURIAM:

Diorio appeals from the denial of a writ of habeas corpus, by which he sought release from military custody and from being tried by a court martial. See Diorio v. McBride, 306 F.Supp. 528 (N.D.Ala.1969). We affirm.

Pfc. Diorio is charged with use and possession of marijuana. The offense allegedly took place while Diorio and two other enlisted men (both of whom have since been convicted by court martial of possession...

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