United States v. Hayes

Opinion of the Court

EVERETT, Chief Judge.

Upon appellant’s pleas of guilty to several drug-related offenses, the military judge, sitting alone as a special court-martial, convicted him and adjudged a sentence of a bad-conduct discharge, confinement at hard labor for 4 months, and partial forfeitures for a like period. After that sentence had been approved on review below, the United States Navy Court of Military Review held that evidence of two prior nonjudicial punishments had been incorrectly received by the judge for sentencing purposes. Accordingly, it reassessed the sentence.

The case…