United States v. Davis

KEATING, Senior Judge:

Corporal Davis was charged with several offenses, the most serious of which was assault with a dangerous weapon, a loaded pistol, in violation of Article 128(b)(1), Uniform Code of Military Justice, 10 U.S.C. § 928(b)(1)(1994) [hereinafter UCMJ]. Pursuant to a pretrial agreement, he pled guilty to, among others, the lesser included offense of simple assault consummated by battery (pointing an unloaded pistol at the victim and touching the victim’s head with the pistol). The Government went forward on the greater offense, and the military judge found the appellant guilty…