United States v. Lee

OPINION OF THE COURT UPON RECONSIDERATION

BRESLIN, Senior Judge:

The appellant was charged with possessing child pornography in violation of 18 U.S.C. § 2252A, made applicable to courts-martial through Article 134, UCMJ, 10 U.S.C. § 934. A special court-martial comprised of a military judge sitting alone found the appellant guilty, contrary to his pleas. The sentence adjudged and approved was a bad-conduct discharge, confinement for 75 days, and reduction to E-l.

Upon our first review of this case under Article 66(c), UCMJ, 10 U.S.C. § 866(c), the appellant maintained the evidence was…