United States v. Thomas

EDWARDS, Judge:

We have examined the record of trial, the assignments of error and the government’s reply thereto and find such assignments to be without merit.

In addition we note that the pretrial agreement contains a misconduct provision that would authorize the convening authority to approve any sentence adjudged, if so triggered. Subsequent to appellant’s release from confinement in accordance with the pretrial agreement after 30 days, but prior to the convening authority taking his action appellant was found in possession of a stolen M16 rifle. The convening authority then conducted a…