Now HERE is an issue presented!

BZ to the defense counsel who wrote the following issue presented:

WHETHER THE EVIDENCE OF RAPE WAS LEGALLY INSUFFICIENT TO SUPPORT CONVICTION WHERE THE GOVERNMENT OFFERED NO EVIDENCE OF IMMEDIATE FORCE AND LACK OF CONSENT AT OR REASONABLY NEAR THE TIME THAT THE PROSECUTRIX, INTER ALIA, ARRANGED FOR OFF-BASE HOTEL ROOMS TO MEET APPELLANT, MADE HER OWN WAY TO HOTEL ROOMS TO ENGAGE IN SEXUAL INTERCOURSE WITH APPELLANT, SMOKED CIGARETTES AND DRANK BEER IN BED WITH APPELLANT, AND ORDERED PIZZA AND ATE IT IN BED WITH APPELLANT DURING HER MEETINGS WITH APPELLANT WHERE SHE AND APPELLANT ENGAGED IN SEXUAL INTERCOURSE.

Not surprisingly, CAAF has granted review. United States v. Bright, __ M.J. ___, No. 07-0269/AR (C.A.A.F. Aug. 16, 2007). I can't find ACCA's opinion in the case.