United States v. Roth

OPINION OF THE COURT ON FURTHER REVIEW

CARTER, Judge:

This is a sentence rehearing case in which appellant, relying on our decision in United States v. Kinsch, 54 M.J. 641 (Army Ct.Crim.App.2000), asserts that he suffered cruel and unusual punishment when his left testicle was painfully and permanently injured during a weapons frisk by a prison guard “totally without penological justification.” For the reasons stated herein, we disagree.

At a general court-martial composed of officer members, appellant pleaded guilty to wrongful disposition of military property (two specifications), in violation…