United States v. Doane

I respectfully dissent. The majority holds, in effect, that this commander was empowered to prevent the appellant from going out the gate, but was powerless to prevent him from going to his grave. However, the majority’s decision fails to recognize the unique aspects of the system of justice created by Congress and implemented by the President to meet the special needs of the armed forces.

Facts

The appellant sexually molested his daughter for years, beginning in 1993 when she was only 12 years old. In August 1997, after a particularly aggressive sexual assault, the child reported the abuse to…