United States v. Gutierrez

UNITED STATES, Appellant v. Juan R. GUTIERREZ, Private First Class U.S. Army, Appellee No. 08-5004 Crim. App. No. 20040596 United States Court of Appeals for the Armed Forces Argued March 17, 2008 Decided May 27, 2008 STUCKY, J., delivered the opinion of the Court, in which ERDMANN and RYAN, JJ., joined. EFFRON, C.J., and BAKER, J., each filed a separate dissenting opinion. Counsel For Appellant: Captain Trevor B. A. Nelson (argued); Colonel John W. Miller II, Major Elizabeth G. Marotta, and Captain Larry W. Downend (on brief). For Appellee: Captain Patrick B. Grant (argued); Colonel…