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LARRABEE v. DEL TORO

No. 21-5012.

45 F.4th 81 (2022)

Steven M. LARRABEE, Appellee v. Carlos DEL TORO, in his official capacity as Secretary of the Navy, and United States, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 2022.

Attorney(s) appearing for the Case

Cynthia A. Barmore , Attorney, U.S. Department of Justice, argued the cause for appellants. With her on the briefs were Brian M. Boynton , Acting Assistant Attorney General, and Sharon Swingle , Attorney.

Stephen I. Vladeck argued the cause for appellee. With him on the brief was Eugene R. Fidell.

A. Richard Ellis was on the brief for amicus curiae National Institute of Military Justice in support of appellee.

Joshua E. Kastenberg and J. Wesley Moore, pro se, were on the brief for amici curiae in support of appellee.

Opinion concurring in part and dissenting in part filed by Circuit Judge Tatel.

Steven Larrabee, a member of the Fleet Marine Corps Reserve, pleaded guilty at a court-martial to the sexual assault of a civilian. In this collateral challenge to his sentence, Larrabee argues that the statutory grant of military jurisdiction over Fleet Marine Reservists exceeds Congress' authority to ...

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