United States v. Gammons

OPINION OF THE COURT EN BANC

BAUM, Chief Judge.

On 17 November 1997, the Court, with one judge dissenting, ordered a sentence rehearing in this case based on a violation of U.S. v. Pierce, 27 M.J. 367 (CMA 1989), by the trial counsel, who improperly used a prior punishment under Article 15, UCMJ, for sentencing purposes, notwithstanding the fact that the nonjudieial punishment was for three of the same offenses before the court.1 On 30 December 1997, in response to a motion by the Government, the Court ordered reconsideration of that decision and, in so doing, ordered counsel to' address the…