United States v. Sills

In its review of appellant’s case under Article 66, Uniform Code of Military Justice, 10 USC § 866, the Court of Criminal Appeals set aside one of the specifications of which appellant was convicted. United States v. Sills, 56 MJ 556, 563, 572 (A.F.Ct.Crim.App.2001). The court then turned to consider whether it “may reassess the sentence, or whether it must order a rehearing on the sentence.” Id. at 568. Citing Jackson v. Taylor, 353 U.S. 569, 77 S.Ct. 1027, 1 L.Ed.2d 1045 (1957), the court concluded that it lacked the authority to order a rehearing on sentence. Id. at 571, 77 S.Ct. 1027. The…