United States v. Gammons

The majority holds that appellant was deprived of a fair sentencing hearing by virtue of trial counsel placing in evidence and later arguing as aggravation the prior nonjudieial punishment (NJP) of appellant for several of the same offenses referred to the special court-martial. Notwithstanding appellant’s failure to object — and despite defense counsel’s statement on the record that the same information would be addressed during the defense’s case in extenuation and mitigation — my brethren have determined that the record must be returned for a rehearing on sentence. I respectfully disagree.

T…