United States v. Whitaker

Consistent with his pleas, a military judge sitting as a general court-martial convicted Appellee of sodomy, assault consummated by a battery (three specifications), and providing alcohol to a minor, in violation of Articles 125, 128, and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 925, 928, 934 (2006), respectively. The approved sentence consisted of confinement for fifteen months, reduction to E-l, forfeiture of all pay and allowances, and a dishonorable discharge.

At trial, Appellee stipulated that he committed oral sodomy upon a sleeping shipmate by inserting his penis…