United States v. Walk

DECISION

A special court-martial found the appellant guilty of use of lysergic acid diethylamide (LSD) and marijuana. The convening authority disapproved the findings of guilty of use of LSD because of a violation of Mil.R.Evid. 301(c)(2), and reassessed the sentence. Appellant asserts that the convening authority should have ordered a rehearing on sentence rather than reassess. We disagree, but for other reasons set the sentence aside.

When reviewing a sentence reassessment, we look to see the probable impact of the dismissed specification on the sentence deliberations, and whether the…