United States v. Cassell

Opinion of the Court

COX, Judge:

Appellant claims that he was denied the opportunity to respond to matters underlying the staff judge advocate’s recommendation to the convening authority that his sentence be approved as adjudged. We agree with appellant for the reasons set forth below.

I

The facts underlying appellant’s conviction are not contested. Briefly, he schemed to return merchandise stolen by two discharged enlisted members of the Air Force to various Army-Air Force Exchange Service (AAFES) stores for cash refunds. He also tested positive for cocaine use in a base-wide, random urinalysis…