United States v. Conway

I dissent from the majority’s conclusion that appellant’s plea of guilty to solicitation was provident and that the sentence in this case is appropriate.

Although I have no difficulty concluding appellant’s attempts to persuade his minor stepdaughter to permit him to view her naked body is service discrediting conduct, my interpretation of current military law persuades me the facts here do not support the offense of solicitation. This Court recently held “the offense of solicitation requires that the person being solicited understand the request as one to engage in crime.” United States v.…