United States v. Miro

DECISION

HODGSON, Chief Judge:

The appellant was convicted of sexually abusing and physically assaulting his 13 year old daughter. He was sentenced to a dishonorable discharge, 15 years confinement and reduction to airman basic. However, because of the manner in which the pretrial investigation was conducted, as indicated below, we are compelled to set aside the findings and sentence of the trial court.

Sometime during the previous winter the appellant's conduct with his daughter came under official scrutiny. On 2 April 1985, charges were preferred alleging the misconduct stated above. That same…