United States v. Pierce

OPINION OF THE COURT ON MOTION FOR RECONSIDERATION EN BANC

CREAN, Senior Judge:

Contrary to his pleas, the appellant was convicted by a military judge sitting as a general court-martial of rape, in violation of Article 120, Uniform Code of Military Jus*585tice, 10 U.S.C. § 920 (1988) [hereinafter UCMJ]. The convening authority approved the adjudged sentence to a dishonorable discharge, confinement for four years, forfeiture of all pay and allowances, and reduction to Private E1.

In a unanimous opinion dated 10 December 1993, and served on counsel 3 January 1994, a panel of this court set aside the…