United States v. Hutchison

I concur with the majority as to its resolution of the initially assigned errors. However, I respectfully dissent from certain portions of the majority and concurring opinions addressing the supplemental assignment of error asserting that the Government failed to comply with Article 2-B-4 of the then-current MJM, Commandant Instruction M5810.1C, thus violating Rule for Courts-Martial (RCM) 201(d)’s policy against second trials. Despite finding that there was no double jeopardy issue; that the Coast Guard had jurisdiction to try the Appellant; and that there was “no other basis that warrants…