United States v. Boyett

DIXON, Chief Judge,

joined by Senior Judges O’HAIR, LEONARD, and McLAUTHLIN (concurring in part and dissenting in part):

I concur in the majority disposition of this case except for the affirmance of specification 5 of the Charge. In my view, the trial judge erred by denying the defense motion to dismiss this specification as a matter of law. I believe existing legal precedent requires this Court to find appellant’s plea of guilty to specification 5 improvident.16 I would dismiss specification 5 and affirm the sentence as adjudged.17

Given the statutory mandate of Article 66, UCMJ, this Court…