United States v. Schaffer

OPINION OF THE COURT

VINET, Judge:

The Judge Advocate General, pursuant to Article 69, Uniform Code of Military Justice, 10 U.S.C. § 869, has referred this case for review in accordance with Article 66, UCMJ, 10 U.S.C. § 866.

This is an appeal following the rehearing we ordered in United States v. Schaffer, 46 C.M.R. 1089 (1973), because of an invalid “gentlemen’s agreement” between trial and defense counsel wherein, in addition to the formal written plea agreement, the defense agreed to refrain from making pretrial motions. See United States v. Holland, 23 U.S.C.M.A. 442, 50 C.M.R. 461, 1 M.J.…