United States v. Brown

DeCICCO, Judge:

The central issue in this case is whether appellant’s guilty plea to committing indecent acts with another was provident where he admitted having masturbated in his home near his sleeping niece while no one observed him. After examining the pertinent law, we conclude that his plea was improvident.

Facts

In accordance with his guilty pleas, appellant was convicted by general court-martial of committing indecent acts with his niece [D] by masturbating in her presence on divers occasions between May 1990 and June 1992, of committing indecent assaults on divers occasions on D during…