United States v. Lower

OPINION OF THE COURT

FLETCHER, Judge:

This granted issue compels us to consider “[w]hether a harsher sentence than that originally approved by the convening authority can be [effectively] imposed by [direction] of the supervisory authority.” We have no doubt about the occasional need for correction of ambiguities in a convening authority’s action or of the supervisory authority’s power to dictate a clarification pursuant to paragraph 95, Manual for Courts-Martial, United States, 1969 (Revised edition). But in this instance, the substitute convening authority failed to indicate by any means what…