United States v. Marks

Appellant pled guilty in reliance on the convening authority’s promise to disapprove all confinement remaining at the time he acted on the record. The convening authority failed to comply with this promise, thereby causing appellant to serve additional confinement equal to almost half again as much as the total for which he bargained. The majority does not find these circumstances egregious nor do they believe the convening authority’s noncompliance was deliberate. I am unable to say whether the convening authority’s conduct was deliberate or inadvertent because I find no evidence to support…