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DOCK v. U.S.

Nos. 93-5112, 93-5125.

46 F.3d 1083 (1995)

Todd A. DOCK, Plaintiff/Cross-Appellant, v. The UNITED STATES, Defendant/Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Suggestion for Rehearing Denied March 9, 1995.

Attorney(s) appearing for the Case

William J. Holmes, Atty. at Military Law, Virginia Beach, VA, argued, for plaintiff/cross-appellant.

Sean P. Murphy, Trial Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued, for defendant-appellant. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and James M. Kinsella, Asst. Director. Also on the brief were Lt. Col. W. Gary Jewell and Cpt. Flora D. Darpino, Dept. of the Army, Office of the Judge Advocate Gen., Arlington, VA. Of counsel was Nolon J. Benson, Jr.

Before PLAGER, LOURIE, and SCHALL, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied March 9, 1995.

PLAGER, Circuit Judge.

Todd Dock, a private in the Army, was convicted by court-martial of murder. His sentence included forfeiture of all pay and allowances. The conviction and sentence were set aside on appeal, and remanded for rehearing. He was convicted a second time, and resentenced. The second sentence again included forfeiture of all pay and allowances. This case requires us to determine...

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