United States v. Brehm

Defendant-Appellant Sean Theodore Brehm, a citizen of South Africa, pled guilty to a federal charge of assault resulting in serious bodily injury, on condition that he be allowed to challenge through appeal the jurisdictional basis of the indictment underlying his conviction. The grand jury accused Defendant of stabbing a British subject, "J.O.," during an altercation at Kandahar Airfield, while both men were employed with private contractors supporting the NATO war effort in Afghanistan. On appeal, Defendant argued that the indictment's reliance on the Military Extraterritorial Jurisdiction Act was misplaced, in that the statute (which Defendant admitted was valid on its face) could not be applied to him in a manner consistent with the Constitution. Defendant also asserted that the government failed to establish a sufficient nexus between him and the United States to support the exercise of criminal jurisdiction, pointing out that, prior to his arrival in Virginia as an accused, neither he nor his victim had ever set foot in this country. Upon review, the Fourth Circuit rejected Defendant's challenges to his conviction and affirmed the district court's judgment. View "United States v. Brehm" on Justia Law