United States v. Simms

OPINION OF THE COURT

JOHNSTON, Judge:

In accordance with his pleas, the appellant was convicted of signing a false official document, making a false official statement, and larceny, in violation of Articles 107 and 121, Uniform Code of Military Justice, 10 U.S.C. §§ 907 and 921 (1982) [hereinafter UCMJ]. A court-martial panel of officer and enlisted members sentenced him to a reduction to Private El and a bad-conduct discharge. The convening authority approved the sentence.

Although the case was submitted on appeal upon its merits, we specified the following issue:

WHETHER THE MILITARY JUDGE…