United States v. Gibson

*277Opinion of the Court

Quinn, Judge:

We granted the accused’s petition for review because it presented an issue within the compass of a question certified for review in United States v Johnson, 21 USCMA 270, 45 CMR 44, decided this date. A comparison of the operative facts in both cases reveals a substantial difference.

In Johnson, the trial judge considered the evidence of mitigation in the record and made a specific recommendation to the convening authority for suspension of parts of the sentence he had adjudged. Without mention of any matter pertinent to the issue, the convening authority…