United States v. Gardinier

Judge ERDMANN

delivered the opinion of the court.

This is the second time this case has been before this court. Staff Sergeant Harvey A. Gardinier II was convicted of one specification of indecent liberties with a child and one specification of committing an indecent act upon the same child, both in violation of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2000). 1 In our first opinion we summarized the facts as follows:

In December 2001, Gardinier’s five-year-old daughter, KG, told her mother that Gardinier had touched her inappropriately. Her mother immediately took…