United States v. Avila

*63 Opinion of the Court

COX, Judge:

The accused was tried by a general court-martial convened by the Commander, Twenty-Second Air Force (MAC), Travis Air Force Base, California. Court hearings were held on May 6-9, 1986, at McChord Air Force Base, Washington. Contrary to his pleas, the accused was convicted of committing sodomy with a female under the age of 16, in violation of Article 125, Uniform Code of Military Justice, 10 USC § 925.1

On March 3, 1987, the Court of Military Review, sitting en banc, set aside the findings and sentence, and dismissed the charges. The majority of that court…