United States v. Hawkins

Opinion of the Court

FLETCHER, Judge:

This Court granted appellant’s initial petition for review (7 M.J. 326) on the question of compliance in his case with the law *5announced by this Court in United States v. Bingham, 3 M.J. 119 (C.M.A.1977), and United States v. Rozycki, 3 M.J. 127 (C.M.A. 1977). The cited cases delineate the procedures necessary for the vacation of a suspended sentence, under Article 72 of the Uniform Code of Military Justice, 10 U.S.C. § 872. They also articulate the rationale for similar civilian procedures generally set forth by the United States Supreme Court in Gagnon v.…