U.S. v. Kuemmerle, 67 M.J. 141

First Principles: Jurisdiction: In Personam

1. courts-martial may only exercise jurisdiction over a servicemember who was a member of the Armed Services at the time of the offense charged

Core Criminal Law Subjects: Crimes: Art. 134 - Miscellaneous -- Clause 1, Clause 2, or Clause 3 Pre-2019 offenses

1. distribution of child pornography through the Internet under the Child Pornography Prevention Act, as factually presented in this case, consisted of two acts -- (1) the posting of the image, whereby the image left the possession of the original user, and (2) delivery of the image, whereby another user accessed and viewed the image
2. appellant, who posted a pornographic image of a child to his profile on an Internet public bulletin board before he entered military service, distributed child pornography within the meaning of the Child Pornography Prevention Act while he was on active duty, as required for court-martial jurisdiction, when a government agent viewed the image at a time when appellant maintained control over the content on his profile and was on active duty and subject to the UCMJ

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. an appellate court reviews questions of jurisdiction de novo