Sunday, May 19, 2019

Jurisdiction over retirees in practice

In the Fall of 2012, appellant was serving as a contractor on Camp Cole, Tarin Kwot, Afghanistan. Mr. Miller was also retired Sergeant First Class [SFC (R)] Miller. During that time, appellant possessed an encrypted, password-protected external thumb drive, containing thousands of images and videos of adult pornography, child pornography, and child erotica. Law enforcement discovered the thumb drive during a magistrate-authorized search of appellant’s room on Camp Cole.
Appellant was charged and tried as a retiree and not as a person serving with or accompanying the force.
Here is a, sorry, lengthy link to the opinion.

https://www.jagcnet.army.mil/Apps/ACCAOpinions/ACCAOpinions.nsf/ODD/6222E2A3E7847D51852583F9005FD96E/$FILE/oc-miller,%20md.pdf

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