United States v. Private E2 JONATHON L. TRUSS

OPINION OF THE COURT

GALLAGHER, Judge:

Appellant was convicted by a court-martial composed of a military judge alone of two specifications of sodomy and one specification of assault consummated by a battery in violation of Articles 125 and 128, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. §§ 925 and 928. In a single allegation of error, appellant contends that the convictions for sodomy cannot stand because his conduct was protected by the Supreme Court’s ruling in Lawrence v. Texas, 539 U.S. 558, 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003). Finding no protected liberty interest,…