United States v. Luebs

Opinion of the Court

DARDEN, Judge:

After negotiating a pretrial agreement, the appellant pleaded guilty to sodomy and assault with intent to commit rape. His sentence, imposed by a military judge, now consists of a dishonorable discharge, total forfeitures, reduction in grade, and two years’ confinement at hard labor, the convening authority having reduced the confinement by one year. The question to be decided concerns the providence of Luebs’s guilty plea.

In deciding this issue at the trial level, the military judge first considered a stipulation of fact introduced as a prosecution exhibit.…