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U.S. v. REVELES

No. 10-30313.

660 F.3d 1138 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Robert REVELES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2011.

Attorney(s) appearing for the Case

Michael Filipovic , First Assistant Public Defender, Seattle, WA; Ulrike B. Connelly , Perkins Coie LLP, Seattle, WA, for the defendant-appellant.

Jenny A. Durkan , United States Attorney, Barbara J. Sievers , Assistant U.S. Attorney, Seattle, WA, for the plaintiff-appellee.

Before: JOHN T. NOONAN and MILAN D. SMITH, JR., Circuit Judges, and ANDREW J. GUILFORD, District Judge.

OPINION

GUILFORD, District Judge:

This case concerns whether the Government violated the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution by prosecuting and convicting Robert Reveles for a crime after the Navy punished him for the same offense. The Government argues that the Double Jeopardy Clause is not implicated because the non-judicial punishment ("NJP") administered by the Navy under 10 U.S.C. § 815 is not criminal in nature...

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