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RAGARD v. U.S.

No. 05-5127.

439 F.3d 1378 (2006)

Lawrence R. RAGARD, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 6, 2006.

Attorney(s) appearing for the Case

David Patrick Sheldon, The Law Offices of David P. Sheldon, P.L.L.C., of Washington, DC, argued for plaintiff-appellant.

Lauren S. Moore, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Brian M. Simkin, Assistant Director. Of counsel on the brief was Major Louis A. Birdsong, Military Personnel Branch, Litigation Division, United States Army Judge Advocate General's Corps, of Arlington, Virginia.

Before MICHEL, Chief Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

Under a pre-trial diversion agreement, the District of Columbia Corporation Counsel agreed that, if the criminal defendant performed specified community service, pending charges against him, a captain in the United States Army ("Army"), would be dismissed. Both sides performed the agreement, and the criminal charges were dismissed. The ultimate question in this appeal is whether that agreement barred the Army from subsequently court...

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