United States v. Green

by
Defendant was discharged from the U.S. Army due to a personality disorder. He was later charged under the Military Extraterritorial Jurisdiction Act, 18 U.S.C. 3261(a), and sentenced, by a federal district court, to life in prison for participating in a sexual assault and multiple murders while stationed in Iraq. Co-conspirators, still on active duty and subject to the Uniform Code of Military Justice, 10 U.S.C. 802(a)(1), were tried by courts-martial and each sentenced to between 90 and 110 years imprisonment; they are eligible for parole in ten years. The Sixth Circuit affirmed, first noting that Iraq could not prosecute the defendant and that prosecution in the U.S. did not violate international law. The Army completed a valid discharge of defendant, so that he was no longer subject to courts-martial. His trial under MEJA did not violate the separation-of-powers principle or his due process or equal protection rights. Defendant was no longer similarly situated with his co-conspirators when charges were filed.