United States v. Ranney

STUCKY, Judge, with whom BAKER, Judge,

joins (dissenting in part):

I respectfully dissent from that part of the majority’s decision that holds the evidence was not legally sufficient to affirm Appellant’s conviction for disobeying the lawful command of his superior commissioned officer. Article 90, UCMJ, 10 U.S.C. § 890 (2000).

In September 2004, after Appellant was detained for driving while under the influence of alcohol, and, following a base instruction, Security Forces issued him an order restricting his driving privileges. As noted by the majority, the order was a form letter with the…