United States v. Gates

Opinion of the Court

WISS, Judge:

In this appeal from a contested general court-martial in which the officer and enlisted members convicted appellant of sodomy,1 we granted review of the following issue raised by appellate defense counsel:

WHETHER A SERVICEMEMBER CAN BE CONVICTED UNDER UCMJ ARTICLE 125 FOR ENGAGING IN PRIVATE,[2] NONADULTEROUS, NONCOMMERCIAL, CONSENSUAL, HETEROSEXUAL FELLATIO.

Appellant acknowledges that the answer inevitably is adverse to him under our decision in United States v. Henderson, 34 MJ 174 (CMA 1992); accord United States v. Fagg, 34 MJ 179 (CMA), cert. denied, —…