United States v. Treadwell

OPINION OF THE COURT

FULTON, Senior Judge:

The case before us is a rehearing that resulted in a finding of guilty, with no approved sentence. Because of an issue pertaining to the staff judge advocate’s post-trial review, The Judge Advocate General referred the case to this Court under Article 69, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 869 (1976).

Appellant was first tried in September 1977 on charges of assault with intent to commit rape, communicating a threat, and the lesser charges of failing to obey orders and failing to report to a place of duty. The minor charges were on…