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PERGUSON v. NICOLI

No. 82-4078 Summary Calendar.

694 F.2d 101 (1982)

Herbert E. PERGUSON, Petitioner-Appellant, v. Colonel Remo J. NICOLI, Base Commander, Columbus Air Force Base, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

December 20, 1982.

Attorney(s) appearing for the Case

Helen J. McDade, DeKalb, Miss., for petitioner-appellant.

Glen H. Davidson, U.S. Atty., John R. Hailman, Asst. U.S. Atty., Oxford, Miss., Robert T. Mounts, Major, USAF, Gen. Lit. Div., Washington, D.C., for respondents-appellees.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

This case involves an attempt by appellant Herbert E. Perguson to challenge his court martial conviction and sentence before the prescribed orderly processes of military justice have been completed. His central claim is that the court martial had no jurisdiction over his offense because it was not service connected. In addition he challenges certain aspects of the court martial procedures, including a conclusion that the Fourth Amendment...

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