United States v. Mitchell

Judge GIERKE

delivered the opinion of the Court.

This case involves the question whether a convening authority lawfully vacated a suspended sentence based on appellant’s failure to make full restitution as required by a pretrial agreement.1 For the reasons set out *491below, we hold that the convening authority’s action in this case was lawful.

Appellant has two convictions by general courts-martial. This case involves the suspension of a portion of the punishment imposed by his second court-martial and the subsequent vacation of that suspended punishment.

At his first general court-martial, on…