United States v. Perkinson

I

After the members of a court-martial have reached a sentence but before its announcement, they may reconsider the sentence for any purpose1; and often the members are expressly instructed concerning their power to reconsider. However, the need for instructions on reconsideration assumes that the members have reached a sentence which could lawfully be adjudged in its entirety. Where a proposed sentence is illegal because some facet of it is beyond the power of the court to adjudge, it should be disregarded as “void ad initium,” rather than reconsidered. United States v. Jones, 3 M.J. 348, 352…