United States v. Wilkins

Judge STUCKY

delivered the opinion of the Court.

We granted review in this case to determine whether Appellant’s right to due process of law was violated when he was convicted for abusive sexual contact as a lesser included offense (LIO) of aggravated sexual assault. We hold that abusive sexual contact is not an LIO of aggravated sexual assault in this case, but Appellant was not prejudiced by the error. We therefore affirm the judgment of the United States Navy-Marine Corps Court of Criminal Appeals (CCA).

I

Contrary to Appellant’s pleas, members found him guilty in a general court-martial of…