United States v. Scanlon

DECISION

The paramount issue in this case concerns a pretrial agreement that provides:

As consideration for the offer of the accused to plead guilty as set forth in the offer for pre-trial agreement dated 6 August 1982, the convening authority will undertake that he will not approve:

Any punitive discharge adjudged in excess of a Bad Conduct Discharge; and Any Confinement at Hard Labor adjudged in excess of five (5) years.

And that he will approve any proper and lawful sentence or portion thereof adjudged in this case which provides for a lesser punishment than that set forth immediately above.

Dur…