⚖ Oral Arguments, with Context

The Court of Appeals for the Armed Forces hears United States versus Nathan Rivera, concerning statements used in a Marine's sexual-assault trial. In October twenty twenty-two, Rivera attended a party at Camp Lejeune after drinking and taking LSD. A woman testified that she fell asleep and woke to Rivera sexually assaulting her. She went to a naval hospital for a forensic examination. NCIS investigators then questioned Rivera in custody. A written rights form told him he could consult a lawyer before questioning and have one present during the interview. When he asked about that right, an agent said requesting a lawyer would end the interview and prevent investigators from hearing his side of the story. Rivera agreed to talk and admitted sexual contact while he believed the woman was asleep. The defense asked the judge to keep his statements out of the trial, saying the explanation misled him about his right to counsel. The judge denied that request. Rivera also pleaded guilty to LSD use. The court-martial convicted him of sexual assault and sentenced him to four years of confinement and a dishonorable discharge. The Navy-Marine Corps Court of Criminal Appeals affirmed. This court now examines whether the interview was properly admitted, including whether Rivera's waiver of his rights was knowing, intelligent and voluntary. Captain Arthur Gaston, a Navy judge advocate, will represent Rivera. He will contend that the written warnings could not cure the agent's misleading explanation of the right to counsel.

United States v. Nathan M. Rivera (No. 26-0093/MC) — United States Court of Appeals for the Armed Forces, argued October 7, 2026.