United States v. Lopez de Victoria, __ M.J. ___, No. ARMY MISC 20061248 (A. Ct. Crim. App. May 7, 2007).
ACCA rules for the government in this Article 62 appeal. ACCA holds that “the November 2003 Congressional Amendment . . . to Article 43, UCMJ . . . extending the statute of limitations from five years to the child victim’s twenty-fifth birthday applies retroactively to offenses committed before Congress enacted the 2003 Amendment, so long as the previous limitations period has not already expired.”