Suárez v. Asamblea Municipal de Carolina

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that when Congress has proscribed a course of conduct by more than one statute, the government may elect to prosecute on either statute applicable (citing Rosenberg v United States, 346 U.S. 273, 294 (1953))
• finding unlawful detention under Article 97, UCMJ, 10 U.S.C. § 897, does not preempt kidnapping under Article 134, UCMJ, reasoning that “in no sense can a punitive Article prohibiting a lesser offense be considered as pre-empting the field of the greater”
• finding unlawful detention under Article 97, UCMJ, 10 U.S.C. § 897, does not preempt kidnapping under Article 134, UCMJ, reasoning that “in no sense can a punitive Article prohibiting a lesser offense be considered as pre-empting the field of the greater”
• finding unlawful detention under Article 97, UCMJ, 10 U.S.C. § 897, does not preempt kidnapping under Article 134, UCMJ, reasoning that “in no sense can a punitive Article prohibiting a lesser offense be considered as pre-empting the field of the greater”
• state crime not assimilated by FACA when conduct is defined by a specific punitive article of UCMJ

Source: CourtListener parenthetical corpus (CC0).