United States v. Niles

*718OPINION OF THE COURT ON FURTHER REVIEW AND ACTION ON PETITION FOR NEW TRIAL

CARTER, Judge:

This case comes to us from a sentence rehearing after a long and tortured history. The primary issue presented is whether a sentence rehearing on affirmed findings of guilty restarts the two-year period for filing a petition for a new trial under Article 73, Uniform Code of Military Justice, 10 U.S.C. § 873 [hereinafter UCMJ]. We hold that a sentence rehearing does not restart the two-year filing period for a new trial petition for affirmed findings of guilty.

History of the Case

Appellant was a member of…