United States v. Shoup

*821DECISION

LEONARD, Senior Judge:

Appellant asserts two errors for our consideration. First, he maintains that he was prejudiced by the trial counsel improperly arguing facts that were not in evidence. Second, he alleges that he was denied procedural due process with regard to the pretrial processing of his case. We find error, but no prejudice.

During his sentencing argument in a trial before military judge alone, trial counsel argued the following:

This is the third drug case you have heard this week; there were many before and there will be many more in the future ...

Over twenty people died in…