United States v. Lavine

DECISION UPON RECONSIDERATION

Upon original review of the record of trial in the above-entitled case, this Court by its decision dated 22 October 1980, affirmed the findings of guilty and the sentence. On our own motion we have chosen to reconsider the case in order to correct two errors made by the convening authority in his action.

First, the convening authority’s action not only approves the findings and sentence, but also orders the sentence executed. Since he does not have the authority to order a sentence to confinement at hard labor for a year into execution until it is reviewed by this…