United States v. Miller

OPINION OF THE COURT

We granted accused’s petition for review on a question relating to the sentence that was then pending disposition in United States v. Mosely, 1 M.J. 350 (1976).

Represented by civilian counsel, the accused pleaded guilty to, and was found guilty of, assault with intent to inflict grievous bodily harm. In argument as to the sentence, defense counsel urged, primarily, that no punitive discharge be imposed. Reviewing the factors that the court members might consider in their deliberations on the sentence, he referred to “deterrence.” Counsel remarked that society should exact…