United States v. Piolunek

As I cannot agree with the majority’s interpretation of Stromberg v. California, 283 U.S. 359, 51 S.Ct. 532, 75 L.Ed. 1117 (1931), and the impact of that decision on United States v. Barberi, 71 M.J. 127 (C.A.A.F.2012), I respectfully dissent from that portion of the majority opinion. However, as I agree that the decision of the United States Air Force Court of Criminal Appeals should be affirmed, I concur in the result.

Background

Among other specifications, Piolunek was charged with receipt and possession of visual depictions of a sexually explicit nature of a minor under Article 134(2),…