MACHADO v. COMMANDING OFFICER

No. 161, Docket 88-2209.

860 F.2d 542 (1988)

Marvin J. MACHADO, Plaintiff-Appellant, v. COMMANDING OFFICER, PLATTSBURGH AIR FORCE BASE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 28, 1988.


Attorney(s) appearing for the Case

Gerald J. McMahon, New York City, for plaintiff-appellant.

Captain Douglas E. Wade, Washington, D.C., Captain, U.S. Air Force, Military Personnel Branch, General Litigation Div., Office of The Judge Advocate Gen. (Frederick J. Scullin, Jr., Albany, New York City, U.S. Atty. for the Northern District of New York, Paul D. Silver, Asst. U.S. Atty. for the Northern District of New York, of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, NEWMAN and GARTH, Circuit Judges.


FEINBERG, Chief Judge:

Marvin J. Machado appeals from an order of the United States District Court for the Northern District of New York, Con. G. Cholakis, J., denying his petition for a writ of habeas corpus. The judge held that Machado had never been discharged from the Air Force, and was therefore subject to court-martial under the Uniform Code of Military Justice. Appellant claims that he was discharged from the Air Force and was therefore not subject to court...

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