United States v. Outhier

I concur with the majority in affirming all of the findings of guilty except for the aggravated assault. I would affirm an assault consummated by a battery, and upon reassessment of the sentence, I would set aside the dishonorable discharge and affirm a bad-conduct discharge.

The facts in this record establish an assault consummated by a battery. This offense resulted from the appellant’s use of fraud which vitiated Seaman Avila’s consent to having his hands and feet bound and entering the water. I dissent from affirming an aggravated assault in this case for two reasons. First, the record,…