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U.S. v. STOLTZ

No. 11-30297.

720 F.3d 1127 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. Christopher Carl STOLTZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2013.

Attorney(s) appearing for the Case

Karen L. Loeffler , United States Attorney, District of Alaska, Kyle G. French (argued), Assistant United States Attorney, District of Alaska, Anchorage, AK, for Plaintiff-Appellant.

Eric P. Lampel (argued) and Frances E. Clarke , The Lampel Firm, P.C., Irvine, CA, for Defendant-Appellee.

Before: RAYMOND C. FISHER, RONALD M. GOULD and RICHARD A. PAEZ, Circuit Judges.

OPINION

FISHER, Circuit Judge:

It is well settled that, consistent with the Double Jeopardy Clause, the government may prosecute a member of the armed forces in a civilian criminal court even though he has previously received nonjudicial punishment for the same offense under Article 15 of the Uniform Code of Military Justice, 10 U.S.C. § 815. See United States v. Reveles, 660 F.3d 1138, 1146 (9th Cir.2011). It...

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