United States v. Joyner

EN BANC.

OPINION OF THE COURT

YOUNG, Judge:

Appellant pled guilty to negligent homicide. Article 134, UCMJ, 10 U.S.C. § 934 (1988). The military judge sentenced him to a bad-conduct discharge and confinement for 1 year. Appellant assigns two errors: (1) the sentence is unduly severe; and (2) appellant was substantially prejudiced by the suggestion that the foreign situs of the offense was an aggravating factor. We disagree and affirm.

I. Facts

On 16 May 1991, at approximately 0640, appellant was driving to work at Royal Air Force Lakenheath, United Kingdom, heading north on a two-lane highway. He…