U.S. Court of Appeals for the Second Circuit, 1969

United States v. Carney

U.S. Court of Appeals for the Second Circuit · Decided February 17, 1969

406 F.2d 1328 (Federal Reporter, Second Series)

Counsel

Donald F. McCaffrey, Asst. U. S. Atty., Brooklyn, N. Y. (Joseph P. Hoey, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., on the brief), for appellee., Joseph McMaster, Brooklyn, N. Y. (Snowdie Carney, Jr., Brooklyn, N. Y., pro se, on the brief), for appellant.

Cases that cite this one

6 later published cases cite this decision.

Jones v. United States Et Al. (Supreme Court of the United States 1974)
Lebron v. United States Secretary of the Air Force (District Court, S.D. New York 1975)
Williams v. Froehlke (District Court, S.D. New York 1973)
Williams v. Froehlke (District Court, S.D. New York 1973)
Stolte v. Laird (District Court, District of Columbia 1972)
Vincent Ragoni v. United States of America, Secretary of the Navy (3d Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

Snowdie Carney, Jr., appeals from the dismissal of his suit to set aside his 1945 conviction by general court martial, for lack of subject matter jurisdiction. Plaintiff was released on parole and dishonorably discharged in 1946. He has since sought relief before the appropriate military authorities for review and correction of his record but his various applications have been denied.

We affirm the decision below. Upon the facts here, the determinations of the review boards are final and conclusive upon us and we lack jurisdiction further to consider this matter. See 10 U.S.C., Section 876; Davies v. Clifford, 393 F.2d 496 (1st Cir. 1968).

Affirmed.

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