United States v. Gammons

In U.S. v. Gammons, 47 M.J. 766 (C.G.Ct.Crim.App.1997), I concurred with Chief Judge Baum on the need for a rehearing on sentence. I did so based upon my belief that the record evidenced plain error when the trial counsel not only introduced evidence of prior nonjudieial punishment at the sentencing phase of the court-martial covering offenses the defendant had just been convicted of earlier in the proceeding, but also later commented upon that evidence in his sentencing argument in an obvious attempt to' increase the punishment. Furthermore, based upon my reading of the record, I was…