
    No. 09-0079/AR.
    U.S. v. James T. Murphy.
   CCA 19872873. Review granted on the following issue:

WHETHER THE SPECIFICATION OF CHARGE II AND THE SPECIFICATION OF ADDITIONAL CHARGE II FAIL TO STATE AN OFFENSE UNDER THE SUPREME COURT’S HOLDING IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES AND THIS COURT’S OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2001).

No briefs will be filed under Rule 25. 
      
       BAKER, Chief Judge (dissenting): I dissent for the reasons stated in my dissenting opinion in Fosler. United States v. Fosler, 70 M.J. 225, 240-47 (C.A.A.F. 2011).
     