United States v. Durnen

BYRNE, Judge:

Appellant was convicted, contrary to his pleas, by a general court-martial, of one specification of rape in violation of Article 120 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 920. He was sentenced by a members court to be discharged from the naval service with a bad-conduct discharge, to be confined at hard labor for eight years, and to be reduced to pay grade E-1. The supervisory authority approved the sentence but suspended all confinement in excess of three and one half years.

The only focus of the appellant’s defense in oral argument before this Court was…