United States v. Foley

OPINION OF THE COURT

JAMES, Judge:

Senior Airman Foley was convicted of sodomy, an indecent act (as a lesser included offense of the rape that was charged), adultery, and an unlawful entry1 (as a lesser included offense of the burglary2 that was charged). All the offenses arose from a single, fairly brief episode in which Airman Foley went into the barracks room of a woman, an airman who was an acquaintance of his and with whom he and other friends had earlier spent part of the evening. He assigns several errors on appeal, which we address below. They relate mainly to the recommendations of the…