United States v. Harrington

DECISION

Sergeant Harrington and the convening authority entered into a pretrial agreement, limiting an approved sentence to a bad conduct discharge, confinement at hard labor for two years, total forfeitures and reduction to airman basic.

At trial, the military judge, sitting alone, announced a sentence of a bad conduct discharge, confinement at hard labor for 20 months, total forfeitures and reduction to airman basic.

After announcing his sentence, the military judge referred to the pretrial agreement and opined that, in relation to forfeitures, “... the limitation there would be applied to…