United States v. Hamer

OPINION OF THE COURT

GARN, Judge:

The appellant and his companion, Private First Class Bean, agreed to rape a waitress *899in a restaurant in Germany. The appellant gave Bean a knife “to hold off” the restaurant manager. After the other patrons had left, the appellant went down a stairway and grabbed the waitress. While the appellant and the waitress were struggling, Bean killed the manager by beating him on the head and strangling him. PFC Bean and the appellant then raped the waitress.

The appellant was convicted, in accordance with his pleas of guilty, of conspiracy to commit rape, rape, and…