U.S. v. BREHM

No. 11-4755.

691 F.3d 547 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Sean Theodore BREHM, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 10, 2012.


Attorney(s) appearing for the Case

ARGUED: Michael S. Nachmanoff , Federal Public Defender, Alexandria, Virginia, for Appellant. Michael Alan Rotker , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Jeffrey C. Corey , Research and Writing Attorney, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Neil H. MacBride , United States Attorney, Ronald L. Walutes, Jr. , Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia; Lanny A. Breuer , Assistant Attorney General, John D. Buretta , Acting Deputy Assistant Attorney General, James S. Yoon , Senior Trial Attorney, United States Department of Justice, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge KING wrote the opinion, in which Chief Judge TRAXLER and Judge DUNCAN joined.


OPINION

KING, Circuit Judge:

Sean Theodore Brehm, a citizen of South Africa, pleaded guilty in the Eastern District of Virginia to a federal charge of assault resulting in serious bodily injury, on condition that he be allowed to challenge through appeal the jurisdictional basis of the indictment underlying his conviction. The grand jury accused Brehm of stabbing a British subject, "J.O.," during an altercation at Kandahar Airfield ("KAF"), while both men...

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