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LABONTE v. UNITED STATES

2021-1432.

43 F.4th 1357 (2022)

Robert J. LABONTE, Jr., Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 12, 2022.

Attorney(s) appearing for the Case

Alexander Fischer , Joshua Herman , Veterans Legal Services Clinic, Jerome N. Frank Legal Services Organization, Yale Law School, New Haven, CT, argued for plaintiff-appellant Robert J. Labonte, Jr. Also represented by Lernik Begian , Casey Smith , Michael Joel Wishnie .

Richard Paul Schroeder , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Brian M. Boynton , Martin F. Hockey, Jr. , Douglas K. Mickle .

Julie Veroff , Cooley LLP, San Francisco, CA, for amici curiae John Brooker, Eleanor Morales, Brian D. Schenk, Eugene R. Fidell, Hugh McClean, Raymond Jewell Toney. Also represented by Kathleen R. Hartnett .

Liam James Montgomery , Williams & Connolly LLP, Washington, DC, for amici curiae National Veterans Legal Services Program, Protect Our Defenders. Also represented by Amy McKinlay , Miranda Petersen .

Before Chen, Schall, and Stoll, Circuit Judges.

Appellant, Robert J. LaBonte, Jr., is a veteran who served in the United States Army. In 2006, he went absent without leave ("AWOL") for six months. After he voluntarily returned to his base, he pleaded guilty to a charge of desertion in a court-martial proceeding and was separated from the Army with a Bad Conduct Discharge...

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