Here’s a link to the Coast Guard Court of Criminal Appeals’ published opinion in United States v. Bernard, __ M.J. __, No. 1328 (C.G. Ct. Crim. App. Nov. 2, 2012).  The Coast Guard Court sets aside an indecent language conviction and reduces an indecent assault conviction to assault consummated by a battery on Fosler grounds.  But, in a move that will surprise no one who has followed the CCAs’ Fosler/Humphries decisions, the court affirms the sentence as adjudged and approved.  Chief Judge McClelland wrote for a unanimous panel.

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