Wells v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the court filed by Senior Circuit Judge ARCHER.
Dissenting opinion filed by Circuit Judge LOURIE.
ARCHER, Senior Circuit Judge.
John Jacob Wells (“Wells”) challenges monthly deductions from his Navy retirement pay as contrary to the express provisions of 5 U.S.C. § 5514(a)(1). The statute prohibits monthly deductions greater than 15% of Wells’ disposable pay. Since 1991, following his conviction on federal drug charges, the government has deducted more than 15% of Wells’ monthly retirement pay to defray his costs of incarceration. On May 1, 2003, Wells filed this action in the United…
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