Legal Opinion

United States v. Politte

Court of Appeals for the Armed Forces

Decided March 21, 2006No. 05-0271/NAPublishedCited by 48 opinions

1Opinion of the Court

Chief Judge GIERKE

delivered the opinion of the Court.

We again examine an ambiguous convening authority action and its impact on sentencing. Here, the convening authority’s action is open to two distinct interpretations, both of which have ample support in law and fact. In light of this ambiguous convening authority action, a new action is required.

I. BACKGROUND

Pursuant to Appellant’s guilty pleas, a military judge sitting as a special court-martial convicted Appellant of making a false statement, introducing cocaine onto a military installation, wrongfully using cocaine, *25and soliciting…

2Cases cited2 opinions

  1. United States v. LoftUnited States Court of Military Appeals · 1981
  2. United States v. DavisCourt of Appeals for the Armed Forces · 2003

3Cited by48 opinions

  1. United States v. CaptainCourt of Appeals for the Armed Forces · 2016
  2. United States v. GosserCourt of Appeals for the Armed Forces · 2006
  3. United States v. ArnessCourt of Appeals for the Armed Forces · 2015
  4. United States v. WilsonCourt of Appeals for the Armed Forces · 2007
  5. United States v. KarrasCourt of Appeals for the Armed Forces · 2011

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