United States v. Chero

PUBLISHED OPINION OF THE COURT

DREW, Chief Judge:

A general court-martial composed of officer members convicted Appellant, contrary to his plea, of sexual assault by engaging in sexual intercourse with a person he knew or reasonably should have known was unconscious or otherwise unaware that the sexual act was occurring, in violation of Article 120(b)(2), UCMJ, 10 U.S.C. § 920(b)(2). 1 The adjudged and approved sentence was a dishonorable discharge, confinement for three years, forfeiture of all pay and allowances, reduction to E-l, and a reprimand.

In Appellant’s initial appeal to this court,…