CAAF has decided United States v. Bennit, in his favor on the granted issue.

Judge Stucky writes for the court, with a written dissent by Chief Judge Baker.

Appellant was convicted of involuntary manslaughter while perpetrating an offense directly affecting the person of LK by aiding or abetting her wrongful use of a controlled substance.  Article 119(b)(2), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 919(b)(2) (2006). We granted review to determine whether Appellant’s conviction is legally insufficient because Appellant’s distribution of the controlled substance was not an “offense . . . directly affecting the person.” Additionally, we specified a related legal sufficiency issue — whether a civilian’s use of a controlled substance is an “offense” under federal or state law sufficient to support a conviction for involuntary manslaughter via aiding and abetting the civilian’s wrongful use of drugs under Article 119(b)(2), UCMJ. We hold that Appellant’s conduct was not an offense directly affecting the person as envisioned by Congress, or as interpreted by this Court’s precedent. Therefore, Appellant’s conviction for involuntary manslaughter under Article 119(b)(2), UCMJ, is legally insufficient; we need not reach the specified issue.

Remanded for a new sentencing review.

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