United States v. Miller

Judge RYAN

delivered the opinion of the Court:

This case presents the question whether the Courts of Criminal Appeals, after finding the evidence factually insufficient to support a finding of guilty to a charged violation of an enumerated article. of the Uniform Code of Military Justice (UCMJ), may affirm a conviction to a “simple disorder,” under Article 134, UCMJ, 10 U.S.C. § 934 (2000), as an offense necessarily included in the enumerated articles. 1 See Article 79, UCMJ, 10 U.S.C. § 879 (2000) (“An accused may be found guilty of an offense necessarily included in the offense charged.”);…