Legal Opinion

Marvin J. MacHado v. Commanding Officer, Plattsburgh Air Force Base

Court of Appeals for the Second Circuit

Decided October 28, 1988No. 161, Docket 88-2209PublishedCited by 11 opinions

1Opinion of the Court

FEINBERG, Chief Judge:

Marvin J. Machado appeals from an order of the United States District Court for the Northern District of New York, Con. G. Cholakis, J., denying his petition for a writ of habeas corpus. The judge held that Machado had never been discharged from the Air Force, and was therefore subject to court-martial under the Uniform Code of Military Justice. Appellant claims that he was discharged from the Air Force and was therefore not subject to court-martial jurisdiction. Because we believe that the district court did not make sufficient inquiry to determine whether Machado was…

2Cases cited12 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Fay v. NoiaSupreme Court of the United States · 1963
  3. Baxter v. PalmigianoSupreme Court of the United States · 1976
  4. Schlesinger v. CouncilmanSupreme Court of the United States · 1975
  5. United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955

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3Cited by11 opinions

  1. Charles Jones v. Dennis Vacco, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1997
  2. Kevin Smalls v. Wilfredo Batista, Superintendent, Marcy Correctional FacilityCourt of Appeals for the Second Circuit · 1999
  3. Gerald English v. Christopher Artuz, Superintendent Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1998
  4. Erie Materials, Inc. v. Oot (In Re Oot)United States Bankruptcy Court, N.D. New York · 1989
  5. Libutti v. United StatesDistrict Court, N.D. New York · 1995

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