United States v. Justice

*624DECISION UPON RECONSIDERATION

LeTARTE, Chief Judge:

In our initial decision in the above entitled case, No. 22091, 2 M.J. 344 (A.F.C. M.R. 23 December 1976), we affirmed the findings of guilty and the sentence, both as modified therein. Thereafter, we granted appellate government counsel’s motion for reconsideration.

Upon original review of the record of trial, we indicated that the military judge had erred in advising the court that it could reconsider its sentence and either decrease or increase it dependent upon the number of members voting for reconsideration. Appellate government counsel…