United States v. Avery

Chief Judge CRAWFORD

delivered the opinion of the Court.

A general court-martial composed of officer and enlisted members convicted appellant, contrary to his pleas, of rape and adultery, in violation of Articles 120 and 134, Uniform Code of Military Justice, 10 USC §§ 920 and 934, respectively. The convening authority approved the sentence of a dishonorable discharge, 6 years’ confinement, total forfeitures, and reduction to the lowest enlisted grade. On May 17, 1996, the Army Court of Criminal Appeals affirmed the findings and sentence.

On December 15,1997, this Court set aside the decision of…