Argued on Wednesday, May 1, 2019.

Case Summary: A panel of members with enlisted representation sitting as a general court-martial convicted Appellant, contrary to his pleas, of one specification of abusive sexual contactin violation of Article120, UCMJ, 10 U.S.C. §920(2012). The Members sentenced Appellant to twenty-four months of confinement and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged and, except for the punitive discharge, ordered it executed.

Issue: This case is before this Court for further review after our initial  decision on direct appeal was vacated by the United States Court of  Appeals for the Armed Forces and after this Court granted the  government’s request for reconsideration of its opinion on remand. May  the Court now consider the government’s argument, raised for the first  time, that the members announced a general verdict?

See United States v. Sager, 76 M.J. 158 (C.A.A.F. Mar. 21, 2017) (CAAFlog case page).

Note:  Audio post-processed for this podcast to remove background noise.