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WELLS v. U.S.

No. 04-5127.

420 F.3d 1343 (2005)

John Jacob WELLS, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 29, 2005.

Attorney(s) appearing for the Case

Michael H. Saul, of Marietta, Georgia, argued for plaintiff-appellant.

Kenneth M. Dintzer, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Stuart E. Schiffer, Deputy Assistant Attorney General, and David M. Cohen, Director.

Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Opinion for the court filed by Senior Circuit Judge ARCHER.

Dissenting opinion filed by Circuit Judge LOURIE.

ARCHER, Senior Circuit Judge.

John Jacob Wells ("Wells") challenges monthly deductions from his Navy retirement pay as contrary to the express provisions of 5 U.S.C. § 5514(a)(1). The statute prohibits monthly deductions greater than 15% of Wells' disposable pay. Since 1991, following his conviction on federal drug charges, the government...

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