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AGUAYO v. HARVEY

No. 06-5241.

476 F.3d 971 (2007)

Agustin AGUAYO, Appellant v. Francis J. HARVEY, Secretary of the Army, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 16, 2007.

Attorney(s) appearing for the Case

Peter Goldberger argued the cause for appellant. With him on the briefs was James R. Klimaski.

Kevin K. Robitaille, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.

Before: GINSBURG, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge.

Agustin Aguayo, a soldier in the United States Army, applied for a discharge as a conscientious objector. The Army denied his application, and Aguayo filed a petition for a writ of habeas corpus in the district court. The court denied the petition, and Aguayo now appeals. Because there is evidence in the record that supports the Army's...

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