United States First Circuit

Grant of petition for habeas corpus after a denial of discharge from the Army as a conscientious objector is affirmed where the Army's denial of the discharge was without a basis in fact, and the Army waived its argument for a remand.

Appellate Information

• Decided 01/09/2008
• Published 01/10/2008

Judges

• SCHWARZER, District Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SCHWARZER, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mark T. Quinlivan, Assistant United States Attorney, with whom Anita Johnson, Assistant U.S. Attorney, and Michael J. Sullivan, United States Attorney were on brief, for appellant.


• For Appellees:
  
• Louis P. Font, with whom Gale L. Glazer and Font & Glazer were on brief, for appellees.