United States v. Boyett

SULLIVAN, Chief Judge,

with whom WISS, Judge, joins (concurring in the result):

32. This appeal from a conviction based on a guilty plea raises two particular questions for me. First, was appellant’s actions as charged and admitted “conduct unbecoming an officer,” in violation of Article 133, Uniform Code of Military Justice, 10 USC § 933? See Parker v. Levy, 417 U.S. 733, 752-55, 94 S.Ct. 2547, 2559-61, 41 L.Ed.2d 439 (1974). Second, if his actions were conduct unbecoming an officer, did appellant have “fair notice” that his actions would constitute this criminal offense? Id. at 755-57, 94…