The U.S. Court of Appeals for the Armed Forces will hear the appeal of David Gutierrez, an HIV-positive airman from McConnell Air Force Base in Kansas, who in 2011 was sentenced to eight years in military prison, The Associated Press (AP) reports. Gutierrez was accused of having unprotected sex with multiple partners without telling them he has HIV. A court martial convicted him on seven counts of aggravated assault and violating his commander’s order to notify sexual partners about his HIV status and to use condoms. Gutierrez also was convicted of indecent acts for having sex in front of others and eight counts of adultery. He originally faced 53 years in prison.

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