"Appellant’s case is before this court for the sixth time" begins the current decision in United States v. Rodriguez.
2013: Guilty (mixed pleas/members) to 15 specifications of violating a lawful general regulation; one specification of violating a lawful order; one specification of making a false official statement; one specification of consensual sodomy; two specifications of obstructing justice; and two specifications of adultery, one specification of aggravated sexual assault by causing bodily harm;4 one specification of abusive sexual contact by causing bodily harm; one specification of nonforcible sodomy;6 one specification of aggravated sexual contact by using strength; one specification of wrongful sexual contact; and one specification of indecent exposure. Sentenced to 27 years, DD, TF, RiR.
2015: Remand to correct post-trial errors.
2016: AFCCA dismisses several of the convictions and remands for a new sentencing hearing.
2017: Members sentence him to six years, DD, TF, RiR.
2019: CAAF sends back to AFCCCA on a Hills issue.
2020: TJAG sends back for rehearing; but that was "impractable" so CA approves six years, BCD, TF, RiR.
2021: AFCCA sends back down for post-trial errors.
2022: Back to AFCCA which affirms four years, BCD, TF, RiR.
In United States v. Bousman, the court discusses Assault with a Dangerous Weapon and Simple Assault as an LIO.
Bousman was convicted (MJA) of one specification of resisting apprehension, one specification of failure to obey a lawful order, one specification of controlling a motor vehicle while drunk, one specification of wrongfully using provoking language, one specification of assault with a dangerous weapon, and three specifications of simple assault. The military judge sentenced Appellant to a bad-conduct discharge, confinement for 15 months, reduction to the grade of E-1, and a reprimand.
Specification 4 of Charge I alleged Appellant: “did, at or near Cannon [AFB], New Mexico, on or about 6 June 2020, with the intent to inflict bodily harm, commit an assault upon [GM] . . . by attempting to stab him with a dangerous weapon to wit: a knife.” The military judge announced the following finding as to Specification 4 of Charge I: “Not Guilty of the charged offense of assault with a dangerous weapon, but Guilty of the lesser included offense of simple assault.” Appellant contends the simple assault of which the military judge convicted him was not a proper lesser included offense of the charged aggravated assault under Article 128, UCMJ, and the conviction must be set aside. We disagree.
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