United States v. Bennitt

Court of Appeals for the Armed Forces

United States v. Bennitt

71 M.J. 404, 2012 CAAF LEXIS 1043

CourtCourt of Appeals for the Armed Forces

DecidedSeptember 19, 2012

DocketNo. 12-0616/AR

StatusPublished

This text of 71 M.J. 404 (United States v. Bennitt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Bennitt, 71 M.J. 404, 2012 CAAF LEXIS 1043 (Ark. 2012).

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Opinion

CCA 20100172. Review granted on the following issue:

WHETHER APPELLANT’S CONVICTION FOR INVOLUNTARY MANSLAUGHTER UNDER ARTICLE 119(b)(2), UCMJ, IS LEGALLY INSUFFICIENT BECAUSE (1) IN ACCORDANCE WITH UNITED STATES v. SARGENT, 18 M.J. 831 (C.M.A. 1982), APPELLANT’S DISTRIBUTION OF OXYMORPHONE WAS NOT A CRIME DIRECTLY AFFECTING THE PERSON UNDER ARTICLE 119(b)(2), AND (2) EVEN IF SO, CONGRESS DID NOT INTEND FOR ARTICLE 119(b)(2) TO COVER APPELLANT’S MISCONDUCT.

Briefs will be filed under Rule 25.

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CCA 20100172. Review granted on the following issue:

WHETHER APPELLANT’S CONVICTION FOR INVOLUNTARY MANSLAUGHTER UNDER ARTICLE 119(b)(2), UCMJ, IS LEGALLY INSUFFICIENT BECAUSE (1) IN ACCORDANCE WITH UNITED STATES v. SARGENT, 18 M.J. 831 (C.M.A. 1982), APPELLANT’S DISTRIBUTION OF OXYMORPHONE WAS NOT A CRIME DIRECTLY AFFECTING THE PERSON UNDER ARTICLE 119(b)(2), AND (2) EVEN IF SO, CONGRESS DID NOT INTEND FOR ARTICLE 119(b)(2) TO COVER APPELLANT’S MISCONDUCT.

Briefs will be filed under Rule 25.

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Bluebook (online)

71 M.J. 404, 2012 CAAF LEXIS 1043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bennitt-armfor-2012.