United States v. Ragard

OPINION OF THE COURT

CHAPMAN, Judge:

A military judge, sitting as a general court-martial, convicted the appellant, in accordance with his pleas, of sodomy, in violation of Article 125, Uniform Code of Military Justice, 10 U.S.C. § 925 [hereinafter UCMJ].1 The convening authority approved the adjudged sentence of a dismissal, forfeiture of $1000.00 pay per month for five months, and a reprimand.2 This case is before this court for review pursuant to Article 66, UCMJ, 10 U.S.C. § 866.

The appellant asserts in his first assignment of error that the double jeopardy clause of the Fifth Amendment3…