On Thursday, CAAF told the Navy-Marine Corps Appellate Government Division that, notwithstanding its 10-day letter, the court would like to hear its views on an issued raised in a supplement. United States v. Forney, __ M.J. ___, No. 05-0647/NA (C.A.A.F. Mar. 20, 2008) (order). The issue at issue asks “[w]hether LTJG Forney’s Article 133 conviction can stand even though the finding of guilt expressly rested on the unconstitutional definitions in 18 U.S.C. § 2256 and he pleaded not guilty.”

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