United States v. Miller

ORDER AND OPINION

OPINION AND ORDER OF THE COURT RESPONDING TO APPELLANT’S MOTIONS

BAUM, Chief Judge:

Background

Appellant was tried by special court-martial military judge alone on 21 November 2003. After conviction of various drug offenses pursuant to pleas of guilty, entered in accordance with a pretrial agreement, Appellant was sentenced by the judge to a bad-conduct discharge and reduction to E~l, which the Convening Authority approved on 18 June 2004. Approximately four months prior to the Convening Authority’s action, Appellant and his defense counsel signed a waiver of appellate review,…