United States Federal Circuit

Dismissal of defendant's challenge to his court martial conviction and sentence for sodomy is affirmed where plaintiff failed to state a claim upon which relief could be granted since a certain pre-trial diversion agreement involving other offenses did not bar the court martial.

Appellate Information

• Decided 03/06/2006
• Published 03/06/2006

Judges

• FRIEDMAN, Senior Circuit Judge., Before MICHEL, Chief Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David Patrick Sheldon, The Law Offices of David P. Sheldon, P.L.L.C., of Washington, DC, argued for plaintiff-appellant.


• For Appellees:
  
• Lauren S. Moore, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Brian M. Simkin, Assistant Director.   Of counsel on the brief was Major Louis A. Birdsong, Military Personnel Branch, Litigation Division, United States Army Judge Advocate General's Corps, of Arlington, Virginia.