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NMCCA has issued an unpublished opinion in United States v. Davis, III, NMCCA 200900137 (N.M.C. Ct. Crim. App. 8 September 2009).

The case addresses the often perplexing issue of prosecutorial overcharging in CP cases.  In this case the prosecution charged the CP under Article 134(1)(2) and (3), UCMJ.  The court does note that some overcharging is to be expected prior to trial and the prosecution then commits itself to proving up the various charges.  However, this was a guilty plea case.  While the MJ did address some factors under United States v. Quiroz, NMCCA decided she’d not gone far enough.  There was no effect on the sentence.

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Two sentenced in drug deal that led to servicemember’s death

By Franklin Fisher, Stars and Stripes
Mideast edition, Wednesday, September 9, 2009

CAMP HUMPHREYS, South Korea — Two U.S. soldiers who were involved in a drug deal in which a third soldier later died of an overdose were sentenced to prison and discharged from the military in separate trials at Camp Humphreys, the Army said Tuesday.

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Retired Colonel Eyed in Iraq Fraud Case

September 09, 2009, as reported on Military.com, from the Associated Press

WASHINGTON — Federal investigators are searching for suspicious transactions in the personal bank records of a retired Army colonel who ran the contracting office in Baghdad during the early stages of Iraq’s $125 billion reconstruction.

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Can deadly ‘Trust’ game be stopped?

By Trista Talton – Staff writer, Air Force Times, Monday Sep 7, 2009 11:05:41 EDT

It wasn’t so different from other nights. Outside it was cold and wet. Inside, quarters were close, but they were comfortable enough. The half dozen or so Marines sharing the small wooden hooch at Combat Outpost Viking in Saqlaweiyah, Iraq, were killing time, watching movies and cracking jokes shortly before midnight March 9.

. . .

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Sailor sentenced to 10 years in shooting

By Andrew Tilghman – Staff writer, Navy Times.
Posted : Friday Sep 4, 2009 17:02:14 EDT

A Virginia sailor who claimed he didn’t know his gun was loaded when he fatally shot his girlfriend in the head was sentenced to 10 years in prison Aug. 31.

Aviation Boatswain’s Mate (Handling) Airman Darren Mackie, 22, was sentenced in a Newport News courtroom.

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