Legal Opinion

United States v. Baker

United States Court of Military Appeals

Decided May 15, 1991No. 64,646; CM 8802811PublishedCited by 9 opinions

1Opinion of the Court

Opinion of the Court

COX, Judge:

We consider today whether a court-martial, reconvened by a military judge after adjournment, may “correct” upward a previously announced sentence which was lawful on its face.1 We hold that it cannot.

On December 6, 1988, before a general court-martial made up of officers and enlisted members, appellant pleaded guilty to one specification of conspiracy to distribute a controlled substance, four specifications of distribution of controlled substances, and one specification of absence without leave (7 days), in violation of Articles 81, 112a, and 86, Uniform Code…

2Cases cited8 opinions

  1. United States v. DiFrancescoSupreme Court of the United States · 1980
  2. United States v. BenzSupreme Court of the United States · 1931
  3. People v. MinayaNew York Court of Appeals · 1981
  4. Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
  5. United States v. Kenneth James LundienCourt of Appeals for the Fourth Circuit · 1985

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3Cited by9 opinions

  1. United States v. JonesUnited States Court of Military Appeals · 1992
  2. United States v. Master Sergeant TIMOTHY B. HENNISArmy Court of Criminal Appeals · 2016
  3. United States v. MosleyU.S. Navy-Marine Corps Court of Military Review · 1992
  4. United States v. DoddArmy Court of Criminal Appeals · 1997
  5. United States v. JenningsU S Coast Guard Court of Criminal Appeals · 1996

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