Legal Opinion

United States v. Pena

United States Air Force Court of Criminal Appeals

Decided September 15, 2005No. ACM 35397PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

SMITH, Judge:

Consistent with his pleas, the appellant was found guilty of several sex-related offenses that occurred over a three-year period. Apart from a single charge of attempted indecent assault, in violation of Article 80, UCMJ, 10 U.S.C. § 880, the appellant’s misconduct was detailed in 15 separate specifications that alleged violations of Article 134, UCMJ, 10 U.S.C. § 934. A military judge sitting as a general court-martial sentenced him to a dishonorable discharge, confinement for 1 year, and reduction to E-l. The convening authority approved the sentence as…

2Cases cited22 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  2. Wilson v. SeiterSupreme Court of the United States · 1991
  3. Smith v. DoeSupreme Court of the United States · 2003
  4. Johnson v. United StatesSupreme Court of the United States · 2000
  5. Junior Ray Duckworth, Cross-Appellants v. Gayle Franzen, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1986

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3Cited by6 opinions

  1. United States v. GayUnited States Air Force Court of Criminal Appeals · 2015
  2. United States v. PenaCourt of Appeals for the Armed Forces · 2007
  3. Huschak v. GrayDistrict Court, D. Kansas · 2009
  4. Moultrie v. Secretary of the ArmyDistrict Court, C.D. California · 2010
  5. Gonzales v. Commandant, United States Disciplinary BarracksDistrict Court, E.D. Kentucky · 2013

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