United States v. Clinkenbeard

OPINION OF THE COURT

MORGAN, Judge:

Appellant was convicted by a special court-martial, on mixed pleas, of carnal knowledge, two instances of failure to go, sodomy with a minor, disobedience of an order, and three motor vehicle offenses. He was sentenced to a bad-conduct discharge, confinement for 4 months, and forfeiture of $100 per month for four months. On appeal, appellant assigns two errors, one of which has merit and will be discussed in greater length below.

Despite their manifest triviality, appellant was charged under the Federal Assimilated Crimes Act, 18 U.S.C. § 13 (FACA), as it is…