As this case demonstrates, the novelty of an assimilative charging decision under Article 134 often wears off during the course of an appeal,
Says ACCA in a footnote to United States v. Meredith, 7 August 2018.
Specification 1 of Charge II alleged appellant violated the Computer Fraud and Abuse Act (CFAA), 10 U.S.C. § 1030, by obtaining the sex videos from HN SS’s and KS’s computer. We agree with the parties that the evidence for the Article 134 offense assimilating the CFAA, specifically, 18 U.C.S. § 1030(a)(2), was legally and factually insufficient.