United States v. Rosales

PUBLISHED OPINION OF THE COURT

SANTORO, Judge:

A general court-martial composed of officer members convicted the appellant, contrary to his pleas, of one specification of attempted rape, two specifications of assault consummated by a battery, and one specification of communicating a threat, in violation of Articles 80, 128, and 134, UCMJ, 10 U.S.C. §§ 880, 928, 934. The adjudged and approved sentence consisted of a dishonorable discharge, confinement for 5 years, forfeiture of all pay and allowances, and reduction to E-l.

The appellant argues that (1) the military judge abused his discretion in…