To be or not to be: NMCCA holds that the federal statute’s existence isn’t an element of an Article 134(3) offense
And now for the metaphysics report: NMCCA held today that the government need not prove that a federal statute exists for an accused to be found guilty of an Article 134(3) offense of violating the federal statute. NMCCA’s published opinion is available here. United States v. Hickerson, __ M.J. __, No. 201100111 (N-M. Ct. Crim. App. Oct. 31, 2012). I’m still trying to figure out if the opinion is actually some sort of weird Halloween gag.
Judge Ward wrote for a unanimous panel.