United States v. Chattin

I concur in holding that a prosecution under clause 3 of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934, is not barred because the same conduct may be prosecuted as a violation of a regulation or order under Article 92, UCMJ, 10 U.S.C. § 892. To accept such a *806proposition would not only frustrate congressional intent in including clause 3 in Article 134 but would severely restrict military commanders in regulating conduct that is similar to that proscribed by Federal penal statutes. This case perfectly illustrates the point. Federal penal statutes do not prohibit every…