United States v. Guerrero

Opinion of the Court

On this appeal, the appellant asserts that prosecution exhibit 3 was improperly admitted into evidence during the presentencing portion of his court-martial. One of the reasons for his contention is that a judge advocate did not complete block 10 in the appellate action section of the form, as is required by Article 15(e), Uniform Code of Military Justice, 10 U.S.C. § 815(e). Under this provision “the next superior authority . . . shall refer the case to a judge advocate . . . for consideration and advice” if the accused has appealed a nonjudicial punishment which includes…