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BROSIUS v. WARDEN, US PENITENTIARY, LEWISBURG, 01-1102

Absent a challenge to the constitutionality of the statute under which a defendant was convicted, a federal habeas court-s inquiry in a military habeas case may not go further than its inquiry in a state habeas case.

Appellate Information

  • Decided 01/23/2002
  • Published 01/23/2002

Judges

  • Before:  BECKER, Chief Judge, ALITO, and BARRY, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Paul M. Pohl (Argued), Jones, Day, Reavis & Pogue, Pittsburgh, PA, Counsel for Appellant.

  • For Appellees:
  • Major Dan Brookhart (Argued), Department of the Army Office of the Judge Advocate General, Arlington, VA, Counsel for Appellee.
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