Judge ERDMANN delivered the opinion of the court. Staff Sergeant Jeffery G. Toohey entered a not guilty plea to rape and assault consummated by a battery in violation of Articles 120 and 128, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 920 , 928 (2000). He was convicted by a panel composed of officer and enlisted mem…
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