United States v. Robbins

DECISION

KASTL, Senior Judge:

The accused, Senior Airman Robbins, argues that he was denied a proper hearing on sentence when the military judge refused to either: (a) compel the prosecution to introduce the accused’s airman performance reports; or (b) make them court exhibits.

We disagree and find United States v. Smith, 16 M.J. 694 (A.F.C.M.R.1983) dispositive of this issue; see also United States v. Morgan, 15 M.J. 128 (C.M.A.1983). Accordingly, we affirm.

This is another case where the accused’s performance reports have been effectively embargoed from the trial court. In Smith, we first…