Dorrbecker, a former captain stationed at a U.S. military base in Italy in 2015, met a 14-year-old girl, S.M., at the base library. After exchanging emails about books, Dorrbecker engaged in overtly sexual conversations with S.M. after Naval Criminal Investigative Service agents assumed her online identity to investigate suspected grooming.
The NCIS agent posing as S.M. proposed a sleepover. Dorrbecker agreed, expressing excitement about spending two nights alone with her. He arrived at the arranged house with flowers, wine, food, movies, and an overnight bag containing condoms and sexual lubricant. NCIS agents arrested him upon entry.
A general court-martial convicted Dorrbecker of attempted sexual assault of a child, attempted sexual abuse of a child, violating a lawful general order, and conduct unbecoming an officer and a gentleman. The military judge sentenced him to eight years’ confinement and dismissed him from the Navy.
The Navy-Marine Corps Court of Criminal Appeals affirmed the convictions. It rejected Dorrbecker’s argument that his intent was conditional on S.M.’s consent, holding that the condition did not negate the specific intent required for attempt offenses under the Uniform Code of Military Justice.
Dorrbecker then petitioned for a writ of habeas corpus in federal district court, arguing that the military courts lacked subject-matter jurisdiction because the NATO Status of Forces Agreement stripped the United States of jurisdiction over his offenses.
The district court dismissed the petition, concluding that Dorrbecker lacked standing to enforce the Agreement and that his argument was meritless. The court also held that Dorrbecker could not relitigate the intent issue in federal court because the military courts had given it full and fair consideration.
Judge Rushing wrote the opinion for the Fourth Circuit, in which Judges Thacker and Harris joined. The court affirmed the district court’s dismissal, holding that both of Dorrbecker’s jurisdictional challenges failed.