United States v. Hilow

On 16 December 1987, the court remanded this case for a limited hearing to further investigate allegations of improper nomination of members. See United States v. DuBay, 37 C.M.R. 411 (C.M.A.1967). On 13 January 1989, a panel of this court affirmed the findings but found that improprieties in the nominating process affected the sentence. The court set aside the sentence and authorized a rehearing. On 3 February 1989, this court, acting en banc, sua sponte vacated the decision of 13 January and ordered reconsideration of the case.

The appellant contends that he was denied the right to a fair…