United States v. Cox

Opinion of the Court

Duncan, Judge:

This case is before us on three questions certified by the Acting Judge Advocate General.

The Court of Military Review held that pursuant to a pretrial agreement the convening authority must suspend certain portions of appellee’s sentence even though he was guilty of post-trial misconduct. We find this result correct.

Before trial, Cox entered into a pretrial agreement with the convening authority whereby in exchange for his plea of guilty the convening authority agreed to suspend a bad-conduct discharge, if adjudged, and any confinement included in the…