United States v. Miller

LEO, Judge:

A military judge sitting as a special court-martial found the appellant guilty, consistent with his pleas, of a four-day unauthorized absence, cocaine use, and an assault consummated by a battery in violation of Articles 86, 112a, and 128, Uniform Code of Military Justice, 10 U.S.C. §§ 886, 912a, 928 (1994) [hereinafter UCMJ]. The appellant was sentenced to confinement for 2 months and a bad-conduct discharge. The convening authority approved the findings and sentence, but suspended all confinement in excess of 30 days in accordance with the pretrial agreement.

We have examined the…