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Sentence to Confinement Vacated

Josh's client was HIV positive and did not disclose this to his partner, a fellow Soldier. He was convicted, in part, of aggravated assault and sentenced to a bad-conduct discharge, confinement for 12 months, forfeiture of all pay and allowances, and reduction to the grade of E-1. ACCA agreed with Josh's reply brief and oral argument that the military judge committed instructional error, and the conviction for aggravated assault should be modified to the lesser charge of assault consummated by battery. ACCA also modified the sentence, upholding only the bad-conduct discharge.

Read the ACCA's official opinion here.

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