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Lambert v. Brown

United States Court of Appeals, Ninth Circuit
Nov 12, 1970
435 F.2d 148 (9th Cir. 1970)

Summary

In Lambert v. Brown, 435 F.2d 148 (9th Cir. 1970), the petitioner sought a discharge from the Air Force as a conscientious objector.

Summary of this case from NAYLOR v. SUP. CT. OF STATE OF ARIZ., ETC

Opinion

No. 24594.

November 12, 1970.

Michael H. Rosen, Daniel H. Smith, Seattle, Wash., for appellant.

Stan Pitkin, U.S. Atty., Tacoma, Wash., for appellees.

Before HAMLEY and WRIGHT, Circuit Judges, and GOODWIN, District Judge.

Hon. Alfred T. Goodwin, United States District Judge for the District of Oregon, sitting by designation.


Stephen Michael Lambert appeals the dismissal by the district court of his petition for writ of habeas corpus seeking discharge from the United States Air Force as a conscientious objector.

Since noting this appeal, it now appears that appellant has been given a General Discharge from the Air Force and is therefore no longer in the custody of appellees. We are informed that this discharge carries no continuing obligation by way of reserve duty or otherwise and that appellant's position regarding veteran's benefits is substantially the same as it would have been had he been granted an Honorable Discharge. Indeed, his position in this regard is markedly better than it would have been had he been granted the discharge he sought as a conscientious objector. See 38 U.S.C. § 3103.

Since we know of no adverse collateral consequences of this discharge, cf. Carafas v. LaVallee, 391 U.S. 234, 88 S.Ct. 1556, 20 L.Ed.2d 554 (1968), it is hereby ordered that this appeal be dismissed as moot.


Summaries of

Lambert v. Brown

United States Court of Appeals, Ninth Circuit
Nov 12, 1970
435 F.2d 148 (9th Cir. 1970)

In Lambert v. Brown, 435 F.2d 148 (9th Cir. 1970), the petitioner sought a discharge from the Air Force as a conscientious objector.

Summary of this case from NAYLOR v. SUP. CT. OF STATE OF ARIZ., ETC
Case details for

Lambert v. Brown

Case Details

Full title:Stephen Michael LAMBERT, Petitioner-Appellant, v. The Honorable Paul…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 12, 1970

Citations

435 F.2d 148 (9th Cir. 1970)

Citing Cases

NAYLOR v. SUP. CT. OF STATE OF ARIZ., ETC

This circuit has also followed this approach. In Lambert v. Brown, 435 F.2d 148 (9th Cir. 1970), the…

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We have been advised that appellant was found guilty by court martial on October 27, 1967, and sentenced to…