United States v. Parmar

DECISION

KASTL, Judge:

During presentencing, the prosecution rebutted evidence of the accused’s general *977good duty performance with specific acts of misconduct. We hold that much of this information was inadmissible hearsay, find error, and reassess the sentence.

The accused was convicted of various offenses of larceny and housebreaking, in violation of Articles 121 and 130, Uniform Code of Military Justice, 10 U.S.C. §§ 921, 930. Before members, he was sentenced to a bad conduct discharge, 18 months’ confinement at hard labor and reduction to airman basic.

Prior to sentencing, the defense…