United States v. Caputo

Opinion of the Court

EVERETT, Chief Judge:

This writ appeal presents an interesting question of jurisdiction over a naval reservist (Caputo) charged while on inactive duty for training with a drug offense and an unauthorized absence, both of which allegedly occurred during a two-week tour of active duty for training (ACDUTRA). On the grounds that personal and subject-matter jurisdiction were lacking, he moved to dismiss the charges— which had been referred to a special court-martial by the Deputy1 Commander, Naval Reserve Readiness Command, Region Two. After the military judge denied the…