Legal Opinion

Wanless v. Shinseki

Court of Appeals for the Federal Circuit

Decided September 10, 2010No. 2010-7007PublishedCited by 57 opinions

1Opinion of the Court

GAJARSA, Circuit Judge.

The issue before this court is one of statutory construction, specifically the construction of 38 U.S.C. § 5313 (1993). This statute reduces the benefits of veterans who are convicted of felonies and are “incarcerated in a Federal, State, or local penal institution.” William H. Wanless is an incarcerated veteran whose disability benefits were reduced pursuant to § 5313. Upon transferring from a state-operated prison to Davis Correctional Facility (“Davis”), a privately owned prison operated by the Corrections Corporation of America, Mr. Wanless requested full…

2Cases cited7 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
  3. William Street v. Corrections Corporation of America, Jimmy Turner, and Dexter StephenCourt of Appeals for the Sixth Circuit · 1996
  4. Evans v. NewtonSupreme Court of the United States · 1966
  5. Frank A. Glover, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1999

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3Cited by57 opinions

  1. Robert Fountain v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
  2. Robinson v. O'RourkeCourt of Appeals for the Federal Circuit · 2018
  3. Burris v. WilkieCourt of Appeals for the Federal Circuit · 2018
  4. Wildflower International, Ltd. v. United StatesUnited States Court of Federal Claims · 2012
  5. Euzebio v. McDonoughCourt of Appeals for the Federal Circuit · 2021

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