United States v. Collins

DECISION

HODGSON, Chief Judge:

The issue we now decide is the propriety of the staff judge advocate recommending that the convening authority relinquish to the appellate courts his statutory obligation to “... approve ... the sentence or such part or amount of the sentence, as he finds correct in law and fact as he in his discretion determines should be approved.” Article 64, U.C.M.J., 10 U.S.C. § 864; see also para. 88, M.C.M.1969 (Rev.).

In the case sub judice the military judge admitted, during sentencing, evidence of a civilian conviction for drug abuse. After an extended discussion of the…