United States v. Quintanilla

PRICE, Senior Judge:

This is a case about a sergeant of Marines who shot his commanding officer (CO) and executive officer (XO) while they were in their command office suite, killing the XO and seriously wounding the CO. The appellant’s sentence included the death penalty. Because the military judge committed an error that materially prejudiced a substantial right of the appellant by granting a prosecution challenge for cause, we must set aside the findings and the sentence and order a rehearing.

Contrary to his pleas, the appellant was convicted of attempted unpremeditated murder (two…