United States v. Barnes

OPINION OF THE COURT ON FURTHER REVIEW

JONES, Senior Judge:

This case is again before the court for review pursuant to Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866.1 Originally this court affirmed the findings and sentence.2 The United States Court of Military Appeals reversed as to one charge *922and specification (sale of marihuana) and as to sentence and authorized a rehearing.3

The issues confronting us on this second appeal are whether the convening authority followed the mandate of the Court of Military Appeals in taking his action and, if not, what is the appropriate remedy.

In…