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Legal Opinion

United States v. Booker

Navy-Marine Corps Court of Criminal Appeals

Decided September 20, 2013No. NMCCA 201300247PublishedCited by 15 opinions

1Opinion of the Court

PUBLISHED OPINION OF THE COURT

Chief Judge MODZELEWSKI and Judge JOYCE concur.

PRICE, Judge:

I. Introduction

Petty Officer Schaleger was charged with two specifications of sexual assault in violation of the recently amended Articles 120(b)(2) and 120(b)(3)(A), Uniform Code of Military Justice, 10 U.S.C §§ 920(b)(2) and 920(b)(3)(A) (2012).1 On 28 May 2013, the military judge ruled that the maximum punishment authorized for each specification alleging sexual assault was the jurisdictional limitation of a summary court-martial to include confinement for one month and no punitive discharge.

In its…

2Cases cited44 opinions

  1. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  2. Collins v. YoungbloodSupreme Court of the United States · 1990
  3. Cheney v. United States District Court for District of ColumbiaSupreme Court of the United States · 2004
  4. Coker v. GeorgiaSupreme Court of the United States · 1977
  5. Will v. United StatesSupreme Court of the United States · 1967

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3Cited by15 opinions

  1. United States v. WinckelmannCourt of Appeals for the Armed Forces · 2013
  2. United States v. ThomasNavy-Marine Corps Court of Criminal Appeals · 2014
  3. United States v. HenegarNavy-Marine Corps Court of Criminal Appeals · 2016
  4. United States v. Private E1 RANDY C. HERNANDEZArmy Court of Criminal Appeals · 2014
  5. United States v. RobertsNavy-Marine Corps Court of Criminal Appeals · 2016

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