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FRICKE v. SECRETARY OF NAVY

No. 06-3240.

509 F.3d 1287 (2007)

Michael W. FRICKE, Petitioner-Appellant, v. SECRETARY OF the NAVY; Commandant, United States Disciplinary Barracks, Ft. Leavenworth, Kansas, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

December 11, 2007.

Attorney(s) appearing for the Case

Terence A. Lober (Thomas M. Dawson on the briefs), Leavenworth, KS, for Petitioner-Appellant.

Major Anthony C. Williams, Department of Navy, Office of Judge Advocate General, District of Columbia (Eric F. Melgren, United States Attorney, and Jackie A. Rapstine, Assistant United States Attorney, Topeka, KS, on the briefs), for Respondents-Appellees.

Before HARTZ, McKAY, and TYMKOVICH, Circuit Judges.

McKAY, Circuit Judge.

Petitioner is a military prisoner who was convicted in a court-martial proceeding of committing the premeditated murder of his wife in violation of Article 118(1) of the Uniform Code of Military Justice, 10 U.S.C. § 918(1). He filed a petition in the district court seeking habeas relief under 28 U.S.C. § 2241 and mandamus relief1 under 28 U.S.C. § 1361, contending that the military lacked jurisdiction...

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