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SANTUCCI v. COMMANDANT, U.S. DISCIPLINARY BARRACKS

No. 20-3149.

66 F.4th 844 (2023)

Anthony V. SANTUCCI, Petitioner-Appellant, v. COMMANDANT, UNITED STATES DISCIPLINARY BARRACKS, Fort Leavenworth, Kansas, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED April 25, 2023.

Attorney(s) appearing for the Case

John N. Maher ( Kevin J. Mikolashek with him on the opening brief), Maher Legal Services PC, Geneva, Illinois, for Petitioner-Appellant.

Jared S. Maag , Assistant United States Attorney ( Kate E. Brubacher , United States Attorney, and James A. Brown , Assistant United States Attorney with him on the brief), Office of the United States Attorney, District of Kansas, Topeka, Kansas, for Respondent-Appellee.

Before HOLMES, Chief Judge, EBEL, and EID, Circuit Judges.

Petitioner-Appellant Anthony Santucci appeals from the denial of his 28 U.S.C. §§ 2241 and 2243 petition for a writ of habeas corpus. In 2014, a military jury convicted Mr. Santucci of rape, forcible sodomy, battery, and adultery. He asserts that a court-martial trial judge deprived him of his Fifth Amendment right...

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