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SASEN v. SPENCER

No. 17-1394.

879 F.3d 354 (2018)

Jered SASEN, Petitioner, Appellant, v. Richard V. SPENCER, Secretary of the Navy, Respondent, Appellee.

United States Court of Appeals, First Circuit.

January 9, 2018.

Attorney(s) appearing for the Case

Matthew T. Bohenek , with whom Sabin Willett , Boston, MA, and Eugene R. Fidell , Washington, DC, were on brief, for appellant.

Annapurna Balakrishna , Assistant United States Attorney, with whom William D. Weinreb , Acting United States Attorney, was on brief, for appellee.

Before Lynch and Selya, Circuit Judges, and Levy, District Judge.

This case, which pits a retired petty officer against the United States Navy, is awash with novel legal questions concerning the application and operation of Article 31 of the Uniform Code of Military Justice (UCMJ). These questions center on Article 31(b), which requires that a sailor suspected of an offense be warned both...

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