On Friday, CAAF granted review of this issue, but ordered no briefs:

WHETHER, IN LIGHT OF THIS COURT’S DECISION IN UNITED STATES v. ZACHARY, 63 M.J. 438 (C.A.A.F.2006), THE CCA ERRED IN AFFIRMING APPELLANT’S GUILTY PLEA TO CONSENSUAL SODOMY WITH A PERSON UNDER THE AGE OF 16 WHEN THE MILITARY JUDGE ERRONEOUSLY INFORMED APPELLANT THAT A MISTAKE OF FACT DEFENSE AS TO AGE CATEGORICALLY DID NOT APPLY TO THE SODOMY CHARGE.

United States v. Allen, __ M.J. ___, No. 07-0615/NA (C.A.A.F. Dec. 14, 2007). CAAF is probably treating the case as a trailer to United States v. Wilson, No. 06-0870/AR, which was reargued on 17 October.

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