Levy v. Resor, 11581.
| Decision Date | 27 October 1967 |
| Docket Number | No. 11581.,11581. |
| Citation | 384 F.2d 689 |
| Parties | Howard Brett LEVY, Appellant, v. Stanley R. RESOR, Secretary of the Army, Gines Perez, Major General, Commanding General, Fort Jackson, South Carolina, E. B. Roberts, Brigadier General, Acting Commander, Fort Jackson, South Carolina, Jode Wilson, Lt. Colonel, Provost Marshal, Fort Jackson, South Carolina, and Charles Jackson, Second Lieutenant, Confinement Officer, Fort Jackson, South Carolina, Appellees. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Charles Morgan, Jr., Atlanta, Ga. (M. Laughlin McDonald, Atlanta, Ga., Anthony G. Amsterdam, Philadelphia, Pa., Alan H. Levine, Eleanor Holmes Norton, Melvin L. Wulf, New York City, Charles M. Sanders, Jr., and Walter Jones, Ft. Jackson, S. C., on brief), for appellant.
Wistar D. Stuckey, Asst. U. S. Atty. (Terrell L. Glenn, U. S. Atty., on brief), for appellees.
Before BRYAN, WINTER and BUTZNER, Circuit Judges.
Certiorari Denied January 15, 1968. See 88 S.Ct. 789.
Howard Brett Levy, a captain in the United States Army, on June 2, 1967 at Fort Jackson, South Carolina, was convicted by a general court-martial, of the violation of Articles 90, 134 and 133 of the Uniform Code of Military Justice, 10 U.S.C. §§ 890, 934 and 933 — the wilful disobedience of a lawful command of his superior officer, the promotion of disloyalty among the troops and the utterance of intemperate, defamatory, provoking and disloyal statements to enlisted personnel. His sentence was dismissal from the service, forfeiture of all pay and allowances and confinement for three years at hard labor.
Following sentence, counsel for Levy advised the court-martial of his intention to appeal and requested his client's release on Commandant's Parole as permitted by the Manual for Courts-Martial, paragraph 21(d). That provision reads:
The request was denied by the commanding officer at Fort Jackson; and Levy was thereupon, and is now, confined to a room in the hospital there.
He then sought habeas corpus or other appropriate writ in the ...
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...Levy v. Resor, 17 U.S.C.M.A. 135, 37 C.M.R. 399 (1967); Levy v. Resor, Civ. No. 67-442 (D.S.C. July 5, 1967), aff'd per curiam, 384 F.2d 689 (4th Cir. 1967), cert. denied, 389 U.S. 1049, 88 S.Ct. 789, 19 L.Ed.2d 843 (1968); Levy v. Dillon, 286 F.Supp. 593 (D.Kan.1968), aff'd, 415 F.2d 1263 ......
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