United States v. Medina

I agree with Judge DUIGNAN and Chief Judge McCLELLAND that Appellant’s guilty plea to consensual sodomy was improvident and that the conviction entered on the plea must be set aside. I disagree, however, that this Court may not reassess Appellant’s sentence.

Appellant pleaded guilty to and was convicted of one charge and specification of sod*656omy, in violation of Article 125, Uniform Code of Military Justice (UCMJ), and one charge and specification of assault consummated by a battery, in violation of Article 128, UCMJ. The military judge sentenced Appellant to confinement for thirteen months,…