United States v. Donnelly

DECISION

KASTL, Judge:

We address three issues in this case.(1) Over defense objection, the Government presented testimony during the presentencing portion of the accused’s trial concerning two uncharged drug offenses; this testimony was advanced to rebut the accused’s unsworn statement that he was “a fairly responsible individual.” Did the military judge err in permitting such prosecution rebuttal?(2) A pretrial agreement guaranteed that the convening authority would give “strong consideration” to designating the 3320th retraining facility at Lowry AFB, Colorado, as the place of confinement.…