United States v. Smitley

DECISION

HERMAN, Senior Judge:

We decide in this case that when an accused’s confinement is deferred to a specified or determinable date, the deferment may be rescinded before that time, in the discretion of the commander, only after the latter has considered and applied the standards prescribed in paragraph 88/ of the Manual for Courts-Martial, 1969 (Rev.) and in United States v. Brownd, 6 M.J. 338 (C.M.A.1979). We also hold that the purported rescission by the general court-martial jurisdiction in this case was a nullity because the accused was still under the jurisdiction of the officer…