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Jurisdiction Proper in North Carolina to Prosecute Assault in Afghanistan

By Jonathan Byrne

US v. Passaro: This case arises from an "interrogation" Passaro, a former special forces medic (apparently a civilian contractor at the time of the incident), inflicted upon an Afghan detainee at a small US base in Afghanistan in 2003. The interrogation consisted mostly of beating and kicking (the suspect died shortly thereafter), which led to Passaro being charged and convicted of assault with a deadly weapon and assault resulting in serious bodily injury (two counts of each) and being sentenced to a 100-month term of imprisonment. The wrinkle is that, while the crime occurred in Afghanistan, it was prosecuted in the Eastern District of NC when Passaro returned to the United States.On appeal, Passaro challenged his conviction and both he and the Government challenged his sentence...continue to full post

Full post as published by Fourth Circuit Blog on August 18, 2009 (boomark / email).