United States v. Moreno

Believing that, under these facts, the military judge did not abuse his discretion, I respectfully dissent.

I agree with the majority that when interpreting provisions of the Uniform Code of Military Justice, including enumerated Article 134 offenses in the Manual for Courts-Martial, United States, we must begin with the ordinary meaning of all statutory text.7 Only if the meaning is ambiguous do we reach out for other interpretive sources. I respectfully disagree that there is any ambiguity in this case.

The elements defined in subsection (b) of Paragraph 106 of the MCM list three ways in…