Schmeltz v. United States

OPINION OF THE COURT

By our decision in this case1 dated April 11, 1975, we ruled that the Navy Court of Military Review did not err in holding that the condition in the petitioner’s pretrial agreement requiring him to request sentencing by military judge was valid under the circumstances of that ease. On July 23, 1975, we granted a petition for writ of error coram nobis to reexamine2 our disposition of his case in light of our subsequent decision in United States v. Holland, 23 U.S.C.M.A. 442, 50 C.M.R. 461, 1 M.J. 58 (1975). In addition to the provision above referenced, the petitioner’s…