United States v. Callahan

Appellant assigns as error the following: A PRETRIAL AGREEMENT DESIGNED TO ENFORCE A CIVIL LIABILITY OR OBLIGATION IS IN VIOLATION OF PARAGRAPH 126h, MANUAL FOR COURTS-MARTIAL, UNITED STATES, 1969 (REVISED EDITION) AND PUBLIC POLICY.

The disputed provision of the pretrial agreement, which appellant has asserted that he read and understood before he signed, was made part of the commonly called “null and void” terms and states, in pertinent part:

That it is expressly understood that the pretrial agreement will become null and void in the event:(5) or, I fail to make restitution to the victim in…