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MUDD v. WHITE

No. 01-5103.

309 F.3d 819 (2002)

Thomas B. MUDD, Son of Richard D. Mudd and great-grandson of Samuel A. Mudd, as heir and successor to Samuel A. Mudd, deceased, Appellant, v. Thomas A. WHITE, Secretary of the Army, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 8, 2002.

Attorney(s) appearing for the Case

Philip A. Gagner argued the cause and filed the briefs for appellant.

R. Craig Lawrence, Assistant United States Attorney, argued the cause for appellees. With him on the briefs were Roscoe C. Howard Jr., United States Attorney, Wyneva Johnson, Assistant United States Attorney, and James R. Agar II, Attorney, Office of the Judge Advocate General.

Before: EDWARDS and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The appellant, Thomas B. Mudd,* whose great-grandfather, Dr. Samuel Mudd, was convicted by a military tribunal for his alleged role in the assassination of President Abraham Lincoln, seeks judicial review of the Army's refusal to reverse that conviction more than a century later. Appellant bases his claim on 10 U.S.C. § 1552(a)...

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