United States v. Rivera

OPINION OF THE COURT ON RECONSIDERATION

RUSSELL, Judge:

A military judge sitting as a general court-martial convicted the appellant, pursuant to his pleas, of escape from custody, assault and battery, and aggravated assault in violation of Articles', 95 and 128, Uniform Code of Military Justice, 10 U.S.C. §§ 895 and 928 (1988) [hereinafter UCMJ]. He was sentenced to a bad-conduct discharge, confinement for nine months, and reduction to Private E1. The convening authority, pursuant to a pretrial agreement, reduced the confinement to eight months but otherwise approved the sentence.

In an opinion,…