United States v. Spann

Judge EFFRON

delivered the opinion of the Court.

A general court-martial composed of officer members convicted appellant, contrary to his pleas, of rape, in violation of Article 120, Uniform Code of Military Justice, 10 USC § 920. He was sentenced to confinement for 1 year, forfeiture of $400.00 pay per month for 6 months, and reduction to the lowest enlisted grade. The convening authority approved these results but suspended confinement in excess of 6 months and reduction below grade E-3. The Court of Criminal Appeals affirmed. 48 MJ 586 (N.M.Ct.Crim. App.1998).

On appellant’s petition, we…