United States v. Blouin

BAKER, Chief Judge,

in which RYAN, J., joins (dissenting):

This is a guilty plea case. The question presented is whether there is a substantial basis in law or fact to question the plea. Appellant admitted to possessing child pornography. He further admitted that at least one of these pictures depicted a “lascivious exhibition of the genitals or pubic area.” The military judge confirmed through his own review that at least one such picture did in fact constitute child pornography as defined in subsection 8(A). Nonetheless, the majority concludes that Appellant’s plea is improvident because the…