United States v. Stoltz, No. 11-30297 (9th Cir. 2013)Annotate this Case
Defendant moved to dismiss his federal grand jury indictment, charging him with one count of possessing child pornography, on double jeopardy grounds because he had been subject to nonjudicial proceedings (NJP) with the Coast Guard. At issue was whether the Double Jeopardy Clause prohibited civilian criminal prosecution of a servicemember who previously received NJP without being informed of or waiving his statutory right to reject such punishment and demand a court-martial instead. The court concluded that the inquiry for the Double Jeopardy Clause was whether the defendant actually was previously placed in jeopardy, not whether he might have been placed in jeopardy if other procedures had been followed. Therefore, the court held that defendant's prosecution did not violate the Double Jeopardy Clause. The court also rejected defendant's alternative argument, reversing and remanding for further proceedings.