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U.S. EX REL. NEW v. RUMSFELD

No. 05-5023.

448 F.3d 403 (2006)

UNITED STATES ex rel. Michael G. New, Appellant v. Donald H. RUMSFELD, Secretary of Defense, and Francis J. Harvey, Secretary of the Army, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 2006.

Attorney(s) appearing for the Case

Herbert W. Titus argued the cause for appellant. With him on the briefs were Henry L. Hamilton, William J. Olson, and John S. Miles.

Kevin K. Robitaille, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan and R. Craig Lawrence, Assistant U.S. Attorneys.

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

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

Michael G. New, formerly a medical specialist in the United States Army, was convicted by a court-martial of violating a lawful order to add United Nations insignia — a shoulder patch and a field cap — to his basic uniform. The Army Court of Criminal Appeals ("Court of Criminal Appeals") and the Court of Appeals for the Armed Forces ("Court of Appeals...

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