Whew! Sorry for the absence. Lots going on + Sixth Cir Conf in Lexington, Kentucky!
But I'll do some catching up today.
United States v. Detcher, No. 10-3776 (6th Cir. May 8, 2012) (not for publication).
Panel of Judges Kethledge, Stranch, and Gwin (N.D. Ohio).
CP and sex-abuse-of-a-child case. Defendant argued that the Ohio dist ct lacked subject-matter jurisdiction over the sex-abuse offense b/c the offense occurred on a U.S. Army base in Germany. COA remanded case to dist ct.
First, "the fact that [the defendant] did not make this jurisdictional argument below does not release [the COA] from [its] duty to determine the issue."
Second, there's a circuit split over whether "the special maritime and territorial jurisdiction of the United States" includes only federal lands within the territory of the United States. Does such jurisdiction extend extraterritorially? "Special maritime and territorial jurisdiction" is defined in 18 USC 7.
Third, the defendant argued that even if the statute reaches areas outside the U.S. it does not reach the base in Germany. He based his argument on the fact that Germany has not ceded any jurisdiction to the United States civilian courts to try crimes there. The defendant looked to the status-of-forces agreement between the U.S. and Germany. He argued only trial in military court might be permitted.
The COA remanded to the dist ct to consider the issue.
