United States v. Boudreaux

I dissent because I disagree with the Court’s refusal to exercise our mandatory jurisdiction under Article 66 to review this case.

The issues presented are, first, whether examination under Article 69, Uniform Code of Military Justice (UCMJ), is precluded in a remanded case once jurisdiction has been previously exercised by a Court of Military Review under Article 66, UCMJ, even though the rehearing resulted in a sentence that no longer meets the jurisdictional requirements of Article 66(b), and, second, whether this Court may or must now act in this case under Article 66, UCMJ,…