United States v. Nixon

OPINION OF THE COURT ON RECONSIDERATION

KUCERA, Senior Judge:

On 11 May 1990, a panel of this court on its own motion reconsidered its unpublished opinion dated 23 March 1990. Subsequently, the government petitioned the court for reconsideration en banc. The court as a whole granted the government’s request on 6 June 1990 and vacated its decision of 11 May 1990.

Contrary to his pleas, a military judge sitting as a general court-martial convicted the appellant of an indecent act with a child under the age of sixteen in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934…