United States v. Daly

Appellee was originally charged with engaging in romantic relationships with four subordinates contrary to a Coast Guard regulation, in violation of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2006). Before trial, the four specifications were amended by deleting references to the regulation. On motion by the defense, the military judge dismissed the charge and specifications on March 5, 2010, concluding that Appellee did not have “due process ‘fair notice’ that [his] conduct was ... subject to criminal sanction” because the relevant Coast Guard regulation — viz.,…