United States Ninth Circuit

The district court's order dismissing an indictment charging defendant with possession of child pornography is reversed, where: 1) defendant, a service member, had previously received non-judicial punishment (NJP) for the same offense under the Uniform Code of Military Justice; 2) the district court erred in concluding that the civilian criminal prosecution would raise double jeopardy concerns; 3) because defendant has never been criminally charged with possessing child pornography, the Double Jeopardy Clause does not bar this prosecution; and 4) due process considerations do not require dismissal of the indictment because there is no reason to dismiss this criminal indictment to remedy an alleged procedural violation that occurred in another, distinct NJP proceeding.

Appellate Information

• Decided 06/27/2013
• Published 06/27/2013

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel