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.
- Decided 01/23/2002
- Published 01/23/2002
- Before: BECKER, Chief Judge, ALITO, and BARRY, Circuit Judges.
- United States Third Circuit
- 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.