United States v. Carroll

Opinion of the Court

Quinn, Chief Judge:

The accused contends that he was prejudiced in regard to the sentence by certain actions of the military judge.

Initially charged with assault with intent to commit murder, the accused agreed with the convening authority before trial to enter a plea of guilty to the lesser offense of assault with intentional infliction of grievous bodily harm, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928. The agreement contained no provision as to sentence.1 At the accused’s request, he was tried by a military judge, sitting without court…