WITHAM v. U.S.

No. 02-5700.

355 F.3d 501 (2004)

Timothy A. WITHAM, Petitioner-Appellant, v. UNITED STATES of America, Probation Office, Bowling Green Kentucky; United States Marine Corps; United States Department of the Navy, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 14, 2004.


Attorney(s) appearing for the Case

George A. Gallenthin (argued and briefed), Philadelphia, PA, for Petitioner-Appellant.

Candace G. Hill (briefed), Asst. U.S. Attorney, Louisville, KY, Terry M. Cushing (argued and briefed), Asst. U.S. Attorney, Louisville, KY, for Respondents-Appellees.

Before: RYAN, MOORE, and ROGERS, Circuit Judges.


OPINION

ROGERS, Circuit Judge.

The petitioner-appellant, Timothy A. Witham, appeals from the district court's denial of a habeas corpus petition challenging his conviction by general court-martial of several counts of larceny and wrongful disposition of government property. Witham raised five issues for habeas review before the district court: (1) that there was no verbatim record of the trial proceedings, (2) that the Convening Authority

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