United States v. Staruska

DECISION

EARLY, Chief Judge:

Tried by special court-martial, the accused was convicted, pursuant to his pleas, of stealing 300 Deutsche Marks, in violation of Article 121, Uniform Code of Military Justice, 10 U.S.C. § 921. The approved sentence extends to a bad conduct discharge, confinement at hard labor for three months and reduction to airman basic.

Appellate defense counsel assign one error for our consideration:

The Military Judge erred to the substantial prejudice of the-accused by improperly instructing the Court on how to reconsider a sentence.

We disagree.

At trial, after the members were…