United States v. Arriaga

STUCKY, Judge,

with whom RYAN, Judge, joins (concurring in part and dissenting in part and in the result):

I concur in the majority’s opinion holding that burglary under Article 129, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 929 (2006), always constitutes the offense of housebreaking under Article 130, UCMJ, 10 U.S.C. § 930 (2006), and therefore that housebreaking is necessarily included in— and is a lesser included offense of — the offense of burglary under the elements test of United States v. Jones, 68 M.J. 465 (C.A.A.F.2010). See United States v. Arriaga, 70 M.J. at 53-55…