Articles Tagged with court-martial

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United States v. Huntzinger.

I. WHETHER THE MILITARY JUDGE ERRED IN CONCLUDING THAT NO SOLDIER AT FORWARD OPERATING BASE (FOB) LOYALTY HAD A REASONABLE EXPECTATION OF PRIVACY IN ANY REGARD.

II. WHETHER THE MILITARY JUDGE ERRED IN DENYING A MOTION TO SUPPRESS APPELLANT’S EXTERNAL HARD DRIVE AND PASSWORD PROTECTED LAPTOP WHEN THE
COMMANDER WHO ORDERED THE SEIZURE OF THE EQUIPMENT IMMEDIATELY SEARCHED THE EQUIPMENT UPON SEIZURE, DEMONSTRATING THAT HE WAS PERFORMING LAW ENFORCEMENT FUNCTIONS AND WAS NOT NEUTRAL AND
DETACHED WHEN SEIZING THE ITEMS.

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Fox news reports that:

MyFox TampaBay.com The AWOL soldier accused of trying to enter MacDill Air Force Base with weapons and ammunition in his car is not a terrorist and was merely “trying to impress” his girlfriend during the incident, his father said in an exclusive interview with FoxNews.com. . . . Officials said the couple tried to enter MacDill Air Force Base in Tampa, Fla., on Monday in a Honda CRV that contained three handguns, three rifles and some ammunition.

 

WSMV.tv reports that:

A man suspected of deserting the Army was accused of abusing a 16-month old. The toddler is on life support.

Edwards AFB reports that:

A technical sergeant assigned to the 95th Security Forces Squadron was convicted by Special Court-Martial June 11. A panel of seven officers found him guilty of committing Adultery and he was sentenced to a reduction in rank to senior airman and 90 days of hard labor without confinement.

Air Force reports that:

Air Force officials issued guidance banning the knowing use and possession of any substance, other than alcohol or tobacco, that is ingested to alter mood or function.

Arguably many items sold at GNC at the Exchange and in the Exchange could qualify?

The islandpacket.com reports some more information on the Parris Island Marines:

A 26-year-old, gay Savannah man who claims two Beaufort Marines committed a hate crime against him last weekend was accused earlier this year of using racial slurs and trading punches with a black truck driver at a Georgia gas station. . . .

Savannah-Chatham Metro Police, the FBI and Marine Corps Air Station Beaufort officials still are trying to piece together an incident involving the same man June 12 near the intersection of Congress and Bull Streets in downtown Savannah. They also are trying to determine whether pending misdemeanor battery charges against the two Marines accused of beating him should be elevated to federal hate-crime charges.

Witnesses told Savannah-Chatham Metro Police the two Marines thought the gay man winked at one of them. One of the Marines responded by punching the alleged victim in the back of the head, knocking him unconscious.

Capital Flyer reports:

Over the past eight months, two flight engineers from the 99th Airlift Squadron, whose mission is to provide airlift support to distinguished VIPs including members of Congress, have been convicted by Special Courts-Martial of wrongfully using prescription medications. . . .

What makes these cases particularly frightening is that both of these flight engineers were on flying status and were flying missions during the time they were abusing prescription medications.

Note:  Joseph was prosecuted for the flying status violation and found not guilty.  I was his counsel.

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Army Times reports that:

The military has released the name of the man allegedly shot to death by a fellow reservist at Fort Gillem.

An earlier release said that the name of the suspect would not be released until there were charges.

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Fox News reports that:

Texas senator is demanding answers from the Air Force on the current status of the 10 AWOL Afghan military deserters, which he called a breach of national security.

The initial number of Afghans being floated was 17.  Now:

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Here is an unpublished opinion in United States v. Jones, No. 09-15005 (11th Cir. 17 June 2010).  I’ve commented before about how nuanced sex offender registration issues can get.

Christopher Martin Jones appeals from his sentence imposed following his conviction for possessing a firearm as a convicted felon. On appeal, Jones argues that the district court erroneously found that his 1992 conviction by a special court-martial for sodomy, in violation of United States Military Justice ("UCMJ") Article 125, 10 U.S.C. § 925, constitutes a sex offense that requires registration under the Sex Offender Registration and Notification Act, 42 U.S.C. § 16901 et. seq. ("SORNA"). Accordingly, he argues, the court abused its discretion in ordering that he register as a sex offender under SORNA as a special condition of his supervised release (special condition 5). In addition, Jones also argues that the court abused its discretion in imposing special conditions 2, 3, 4, 6, and 7 of his supervised release, which are targeted toward preventing future sexual misconduct. Relying on 18 U.S.C. § 3583(d), Jones contends that, in light of the fact that his criminal history includes only one conviction for a sex offense, and this offense occurred in 1992, these special conditions are not reasonably related to the sentencing goals set forth in 18 U.S.C. § 3553(a).

For the reasons set forth below, we vacate and remand.

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I posted yesterday about the Afghan military personnel AWOL in CONUS.

Before it’s News now is tying this incident with this:

In late January, Senators were warned that Al Qaeda is determined to stage an attack on U.S. soil by July 2010. This information circled the media for some time, as they continually pumped images of Al Qaeda onto newscasts around the world. If this “threat” holds true than we only have 13 days left until a major attack.

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Fox News reports that:

A nationwide alert has been issued for 17 members of the Afghan military who have gone AWOL from a Texas Air Force base where foreign military officers who are training to become pilots are taught English, FoxNews.com has learned.  . . .

A senior Defense Department official in Washington told Fox News he had no direct knowledge of the 17 men being AWOL. The official added that this is not the first time foreign trainees have gone missing, and said some cases in the past have turned out to be more of an immigration concern than a national security threat.

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First Quon, now the Army Times reports that:

A federal appeals court says the search of a Virginia Army private’s MP3 player that found child pornography was constitutional.

Here is a link to the decision in United States v. Rendon.

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The respondent in Michigan v. Bryant has filed his brief and is found here courtesy of Professor Friedman (who indicates a likely amicus filing on his part).

Here is the QP:

Whether preliminary inquiries of a wounded citizen concerning the perpetrator and circumstances of the shooting are nontestimonial because they were “made under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency,” including not only aid to a wounded victim, but also the prompt identification and apprehension of an apparently violent and dangerous individual?

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