United States v. Malacara

CCA 38024. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, we note that the convening authority failed to comply with a lawful term of the pretrial agreement in that he did not dismiss with prejudice Charge III and its specifications as required by that agreement. See United States v. Smead, 68 M.J. 44, 62 (C.A.A.F. 2009). Absent the presence of any circumstances to cancel the agreement, the convening authority’s action improperly failed to give Appellant the benefit that he bargained for — dismissal with prejudice…