I posted a couple of weeks ago almost, that NMCCA’s cases in which the Fosler issue was addressed. We have another case which appears consistent with NMCCA’s approach in those prior cases.
In United States v. Leubecker, the court took up a Fosler issue again. The two challenged specifications related to breaking restriction and communicating a threat. NMCCA ruled against appellant.
1. It was a guilty plea, with a PTA.