Ragard v. United States

FRIEDMAN, Senior Circuit Judge.

Under a pre-trial diversion agreement, the District of Columbia Corporation Counsel agreed that, if the criminal defendant performed specified community service, pending charges against him, a captain in the United States Army (“Army”), would be dismissed. Both sides performed the agreement, and the criminal charges were dismissed. The ultimate question in this appeal is whether that agreement barred the Army from subsequently court martialling the defendant for a different offense arising from the same conduct as the District of Columbia charge. We hold that…