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SANFORD v. U.S.

No. 08-5402.

586 F.3d 28 (2009)

Kevin R. SANFORD, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 13, 2009.

Attorney(s) appearing for the Case

Eugene R. Fidell argued the cause for appellant. With him on the briefs was Matthew S. Freedus.

Doris Coles-Huff, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant U.S. Attorney. Alan Burch, Assistant U.S. Attorney, entered an appearance.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In challenging his conviction by a military court-martial consisting of less than six persons, Kevin Sanford invites this court to hold that his rights under the Due Process Clause of the Fifth Amendment were violated. He relies on the Supreme Court's announcement of a constitutional minimum six-person jury for the trial of civilian, non-petty offenses in Ballew v. Georgia, 435 U.S. 223, 98 S.Ct. 1029,...

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