United States v. Sills

OPINION OF THE COURT UPON FURTHER REVIEW

BRESLIN, Senior Judge:

We previously reviewed this case under Article 66(c), UCMJ, 10 U.S.C. § 866(c). United States v. Sills, 56 M.J. 556 (A.F.Ct.Crim.App.2001). Thereafter, the appellant petitioned the Court of Appeals for the Armed Forces for a grant of review under Article 67(a)(3), 10 U.S.C. § 867(a)(3). The appellate defense counsel based their appeal, in part, upon their belief that this Court’s opinion held we did not have the authority to order a rehearing on sentencing, and upon the belief that this Court did not apply the test for factual…