There is more to come from this case because while CAAF set aside the possession conviction the court remanded the distribution conviction to ACCA for further review. Moreover, the dates alleged in the military specifications were wholly subsumed within the time frame charged at the district court These same materials were the basis for Appellant’s military charges. The Government used both the HP laptop and external hard drive to prove that Appellant possessed “material that contains” child pornography. In May 2016, Appellant was convicted in the district court on both counts-possession of child pornography and receipt and distribution of the same in violation of 18 U.S.C. We then remand the single distribution specification for further review by the lower court. 333 (1907), and that the remedy here is dismissal of the two possession specifications that were tried at the successive prosecution.
This case thus presents the following issues: First, can the federal sovereign use two court systems, civilian and military, to bring successive prosecutions for precisely the same conduct, where the only element the federal civilian statute includes that the military statute does not is jurisdictional? Second, what is the remedy for a successive prosecution? We conclude that the Double Jeopardy Clause bars such prosecutorial practices, Grafton v.
SUBSUME IN DOUBLE JEOPARDY CODE
military convening authority subsequently prosecuted Appellant in the military justice system for this same conduct under Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. granted Appellant’s petition to review the following issue: “Whether the Double Jeopardy Clause of the Fifth Amendment requires dismissal of Appellant’s convictions.” As to the specifications under the charge alleging possession, we hold that it does. Īll agree, and we cannot ignore, that double jeopardy would prohibit the successive prosecution of the military charges if the Government had charged these offenses under clause 3 of Article 134, UCMJ, alleging a violation of 18 U.S.C. There’s more complexity to the case than that, but. I think part of the takeaway here is that the Government can’t charge under Clause (1) or (2) of Article 134 where, if charged under Clause (3) would raise a double jeopardy dismissal.
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That is why we have a CAAF decision in United States v. He was convicted in federal court and at court-martial. Colonel Rice was arrested for possession and distribution of CP.
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