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Retirees

This week at the NMCCA: The Navy-Marine Corps CCA will hear oral argument in one case this week, on February 15, 2017, at noon. The argument will be heard at the George Washington University Law School:

United States v. Dinger, No. 201600108

Case summary: A military judge sitting as a general court-martial convicted the appellant pursuant to his pleas of two specifications of committing indecent acts, one specification of attempting to produce child pornography, two specifications of wrongfully making an indecent visual recording, and one specification of possessing child pornography, in violation of Article 120, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 920 (2006), and Articles 80, 120c, and 134, UCMJ, 10 U.S.C. §§ 880, 920c, and 934 (2012). The military judge sentenced the appellant to nine years’ confinement and a dishonorable discharge. The convening authority approved the sentence as adjudged, but suspended confinement over 96 months pursuant to a pre-trial agreement.

Issues:

I. WHETHER COURTS-MARTIAL HAVE PERSONAL JURISDICTION OVER MILITARY RETIREES IN LIGHT OF THE SUPREME COURT’S HOLDING IN BARKER V. KANSAS, 503 U.S. 594, 605 (1992), THAT FOR TAX PURPOSES, MILITARY RETIREMENT BENEFITS ARE NOT CURRENT COMPENSATION FOR REDUCED SERVICES?

II. WHETHER CONGRESS’ STATEMENT IN 10 U.S.C. § 6332 THAT THE TRANSFER OF A MEMBER OF THE NAVAL SERVICE TO A RETIRED STATUS “IS CONCLUSIVE FOR ALL PURPOSES” PRECLUDES THE ISSUANCE OF A PUNITIVE DISCHARGE TO A RETIREE?

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