United States v. Spradley

LARSON, Chief Judge:

What is the effect of vacating a suspended court-martial sentence that was suspended after the accused had been administratively separated from active duty? We hold that the suspended portions of the appellant’s sentence were automatically extinguished or remitted by virtue of his earlier separation and concomitant termination of status as a person subject to the Uniform Code of Military Justice [UCMJ]. Therefore, the general court-martial convening authority’s act of vacating the suspension was null and void because there was no longer any suspended sentence in existence.

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