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McKINNEY v. WHITE

No. 01-5172.

291 F.3d 851 (2002)

Gene C. McKINNEY, Appellant, v. Thomas A. WHITE, Secretary of the Army, and W. B. Huffman, Major General, The Judge Advocate General, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 2002.

Attorney(s) appearing for the Case

Charles W. Gittins argued the cause and filed the briefs for appellant.

Thomas M. Ray, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney and R. Craig Lawrence, Assistant U.S. Attorney.

Before: SENTELLE, ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Gene C. McKinney, now retired, was a Sergeant Major of the Army who was court martialed in 1998 and found guilty of obstructing justice in violation of Article 134 of the Uniform Code of Military Justice ("UCMJ"), 10 U.S.C. § 934. After unsuccessful attempts to have his conviction set aside under the UCMJ, he sought review in the United States District Court for the District of...

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