United States v. Von Bergen

Judge BAKER

delivered the opinion of the Court.

Appellant pleaded guilty in 2001 to violating a provision of the Child Pornography Prevention Act of 1996 (CPPA), codified at 18 U.S.C. § 2252A(a)(5)(A) (2000). Pursuant to his pretrial agreement, he waived his right to a hearing under Article 32, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 832 (2000). However, this Court reversed his conviction on the basis of United States v. Martinelli, 62 M.J. 52 (C.A.A.F.2005). United States v. Von Bergen, 62 M.J. 370 (C.A.A.F.2005) (order). On remand from this Court, Appellant received a rehearing…