United States v. Jones

In accordance with his pleas, appellant was found guilty of one abbreviated period and one protracted period of unauthorized absence in violation of Article 86, Uniform Code of Military Justice, 10 U.S.C. § 886. He was sentenced by officer court members to punishment which included a punitive discharge.

During the presentencing portion of trial, the military judge permitted, upon a defense request which was unopposed by trial counsel, counsel argument on quantum of punishment subsequent to instructions to the members on the subject by the military judge. Patently this was error. See paragraphs…