Sixth Circuit -- USA v. Steven Green

USA v. Steven Green

Former serviceman tried under statute giving federal criminal jurisdiction  to those not covered by UCMJ but who committed offenses while in the services.

Held: 

Standing - military constructive waiver of jurisdiction did not operate to guarantee the jurisdiction of the district court.

Deft's discharge was valid, despite missing some elements required by Army rules, as there was a valid discharge certificate, final accounting of pay, and "a clearing process."

The Act giving the federal criminal courts jurisdiction does not violate SOP, despite the level of discretion afforded the Executive in deciding whether to join UCMJ defts to civilian defts.

No 14A violation under class-of-one -- as the charging decision happened after discharge, there was no similarly situated comparator - additionally, no ill-will, and insufficient proof of arbitrariness.

No Due Process violation by Army's discharge then prosecution, as the discharge happened before the crimes came to light.

(Prosecution in Iraq impossible, given immunity of soldiers.)


Concurrence - Majority disses the army in dicta & I don't join that line of the opinion.