United States v. Oakes

DECISION

ORSER, Judge:

Tried by a special court-martial, with members, the accused was convicted of wrongful appropriation of government property valued in excess of $100.00, in violation of Article 121 of the Uniform Code of Military Justice, 10 U.S.C. § 921. The approved sentence provides for a bad *1054conduct discharge and reduction to the grade of airman.

In their only assignment of error meriting discussion, appellate defense counsel contend the military judge abandoned his role of impartiality by introducing, sua sponte, the accused’s poor performance reports.

During the pre-sentencing session…