United States v. Brinston

DECISION UPON REHEARING

LEONARD, Judge:

This case is again before us for review. On 23 March 1989, we held that the general court-martial which convicted and sentenced appellant was not convened by an official empowered by Article 22, UCMJ, 10 U.S.C. § 822. We set aside the approved findings and sentence and authorized an other trial under R.C.M. 1107(e)(2). United States v. Brinston, 28 M.J. 631 (A.F.C.M.R.1989). The record of trial was returned to the convening authority for action consistent with our opinion.

On 4 April 1989, the convening authority referred the original charges to trial by…