United States v. Foster

MOLLISON, Judge.

The appellant was tried by special court-martial. Consistent with his pleas of guilty, he was found guilty of two counts of unauthorized absence in violation of Article 86, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 886. The appellant elected to be sentenced by a military judge sitting alone.1 During the pre-sentencing procedure, the appellant made an unsworn statement. Rule for Courts-Martial (R.C.M.) 1001(c)(2), Manual for Courts-Martial, United States, 1984. The first portion of the unsworn statement was made by the appellant’s trial defense counsel. In it, trial…