United States v. Perlman

LUCAS, Judge:

In his single assigned error1, the appellant alleges that the convening authority improperly required him to serve adjudged confinement that was to be suspended pursuant to a pretrial agreement. We agree with the appellant and hold that there was neither proper vacation of a suspension of execution of confinement nor permissible repudiation by the convening authority of his pretrial agreement obligation to suspend the confinement in question.

The appellant’s adjudged sentence was reduction to pay grade E-l, forfeitures, a bad-conduct discharge, and confinement for 14 weeks. The…