United States v. Dear

Opinion of the Court

CRAWFORD, Judge:

Contrary to his pleas, appellant was convicted of maltreatment of subordinates (2 specifications), solicitation to commit sodomy (3 specifications), and obstruction of justice, in violation of Articles 93 and 134, Uniform Code of Military Justice, 10 USC §§ 893 and 934, respectively. The convening authority approved the sentence of a bad-conduct discharge and reduction to the lowest enlisted grade. The Court of Military Review affirmed the findings and sentence. We granted review on the following issue:

WHETHER THE MILITARY JUDGE ERRED IN DENYING APPELLANT’S…