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LEVY v. PARKER

No. 71-1917.

478 F.2d 772 (1973)

Howard B. LEVY, Appellant, v. Jacob J. PARKER, as Warden of the United States Penitentiary, Lewisburg, Pennsylvania, and Stanley R. Resor, as Secretary of the Army.

United States Court of Appeals, Third Circuit.

Decided April 18, 1973.

Attorney(s) appearing for the Case

Charles Morgan, Jr., Norman Siegel, Morris Brown, Emily Carssow, Neil Bradley, Reber F. Boult, Jr., Atlanta, Ga., Laughlin McDonald, Columbia, S. C., George W. Dean, Jr., Destin, Fla., Ambrose R. Campana, Williamsport, Pa., for appellant; Anthony G. Amsterdam, Stanford, Cal., Alan H. Levine, Burt Neuborne, Melvin L. Wulf, New York City, of counsel for appellant.

S. John Cottone, U. S. Atty., Harry A. Nagle, Asst. U. S. Atty., M. D. Pennsylvania, Lewisburg, Pa., William A. Pope, Crim. Div. Dept. of Justice, Washington, D. C., Arnold I. Melnick, Lieutenant Colonel, JAGC, Royce C. Lamberth, Captain, JAGC, Dept. of the Army, Washington, D. C., for appellee Parker.

Before SEITZ, Chief Judge, and ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal requires us to decide whether Articles 133 and 134 of the Uniform Code of Military Justice, 10 U. S.C. §§ 933, 934, fail to satisfy the standards of precision required by the due process clause, and, hence, are void for vagueness. The question arises in the context of an appeal from the denial of a petition for habeas corpus brought by appellant Levy when he was confined in the United States...

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