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TURNER v. DEPARTMENT OF NAVY

No. 02-5067.

325 F.3d 310 (2003)

Jim A. TURNER, Appellant, v. DEPARTMENT OF NAVY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 2003.

Attorney(s) appearing for the Case

Allan B. Moore argued the cause for appellant. With him on the briefs were Christopher N. Sipes and Carlton F. W. Larson.

E. Roy Hawkens, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Anthony J. Steinmeyer, Assistant Director, U.S. Department of Justice.

Before: TATEL and GARLAND, Circuit Judges and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge STEPHEN F. WILLIAMS.

Concurring opinion filed by Circuit Judge TATEL.

STEPHEN F. WILLIAMS, Senior Circuit Judge.

In 1994 Jim Turner, a petty officer aboard the USS Antietam, was found guilty of sexual misconduct in two shipboard proceedings. The first was a "non-judicial" proceeding under Article 15 of the Uniform Code of Military Justice, 10 U.S.C...

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