Legal Opinion · Dissent

United States v. Adame

United States Court of Military Appeals

Decided May 28, 1971No. 23,973Published

1DissentDarden, Judge

In my view Adame has suffered no harm from the delay in the appellate review of his case. United States v Prater, 20 USCMA 339, 43 CMR 179 (1971); United States v Davis, 20 USCMA 541, 43 CMR 381 (1971). But if there were need to correct the deficiency complained of, a rehearing on the sentence would be appropriate. The appellant pleaded guilty to the offenses charged, and, unlike the accused in United States v Ervin, 20 *574USCMA 97, 42 CMR 289 (1970), and United States v Fortune, 20 USCMA 293, 43 CMR 133 (1971), remains on active duty. There is therefore no reason to set aside the findings of…

2Cases cited4 opinions

  1. United States v. PraterUnited States Court of Military Appeals · 1971
  2. United States v. ErvinUnited States Court of Military Appeals · 1970
  3. United States v. DavisUnited States Court of Military Appeals · 1971
  4. United States v. FortuneUnited States Court of Military Appeals · 1971

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