United States v. Coburn

KEATING, Judge:

The issue in this appeal is whether the appellant is entitled to administrative credit against the adjudged sentence when his pretrial confinement review was conducted without the military counsel he requested in accordance with Rule for Courts-Martial [R.C.M.] 305(f). We hold that when a prisoner makes such a request, the Government is required to provide counsel in advance of the initial review hearing unless the prisoner expressly withdraws the request. We further hold that, when requested military counsel is not provided, waiver of the presence of counsel at the hearing…