United States v. Kelley

OPINION OF THE COURT

SQUIRES, Judge:

Contrary to his pleas, appellant was convicted of rape, unlawful entry (as a lesser-ineluded offense of the charged burglary offense), and false swearing in violation of Arti-*679eles 120, 130, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920, 930, and 934 (1988) [hereinafter UCMJ]. His adjudged sentence to a dishonorable discharge, confinement for five years, forfeiture of all pay and allowances, and reduction to Private El was approved by the convening authority.

Facts

On the evening of 22-23 November 1995, Private First Class (PFC) R answered a knock…