RE: Corrected ROT ICO Wacker2.PDF

["Hur Capt Christian P" <christian.hur@usmc.mil>]

FYI

-----Original Message-----
From: Day Capt Evan S 
Sent: Wednesday, March 23, 2011 11:43
To: Hur Capt Christian P
Subject: RE: Corrected ROT ICO Wacker2.PDF

Capt Hur,

I have made the appropriate correction to the ROT regarding registration. However, the ROT was correct originally with regard to DNA sample collection. Whether an offense is qualifying depends on whether a maximum sentence in excess of one year could be imposed, not the actual sentence. See 10 USC 1565. Because the military judge determined that the specification on which the accused was convicted carried a potential five-year sentence, it is a qualifying offense. I discussed this question with the SJA at USACIL, who concurs. As a practical matter, it is a moot point since the accused's DNA sample has already been collected and his profile has been submitted to CODIS. 

Very Respectfully,
Captain Evan S. Day
Judge Advocate
Joint Law Center
3D MAW/MCAS Miramar
P.O. Box 452013
San Diego, CA 92145-2013
Comm: (858) 577-1862
DSN: 267-1862
evan.s.day@usmc.mil

Classification: UNCLASSIFIED//LIMDIS
This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29,  and "Security and Policy Review of DoD Information for Public Release".
ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message.




-----Original Message-----
From: Hur Capt Christian P 
Sent: Wednesday, March 23, 2011 10:23
To: Leggett GySgt Terrance R
Cc: Day Capt Evan S
Subject: FW: Corrected ROT ICO Wacker2.PDF

Sorry to be a pain on this.

Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

This email may contain Attorney Work Product.  Please delete if you received
this message in error.


-----Original Message-----
From: Wacker Capt Douglas S 
Sent: Wednesday, March 23, 2011 10:11
To: Hur Capt Christian P; 'haytham@puckettfaraj.com'
Cc: 'douglas.wacker@gmail.com'
Subject: RE: Corrected ROT ICO Wacker2.PDF

They need to change the "Yes" for DNA collection in paragraph 10 as well. There is no qualifying offense requiring DNA submission.

-dsw

Douglas S. Wacker
Captain, USMC
Future Operations Officer
MWHS-3, 3D MAW
douglas.wacker@usmc.mil
Wk: 858-577-6730
DSN: 267-6730
Cell: 858-401-9392