United States v. Marsala

Opinion of the Court

Quinn, Chief Judge:

We granted review to consider the correctness of the acceptance of the accused’s plea of guilty to a specification alleging unauthorized absence of approximately six weeks, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886, and the effect on the sentence of the erroneous consideration of evidence of punishment under Article 15, Code, supra, 10 USC § 815, as determined in United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970).

Our decision in United States v Palos, 20 USCMA 104, 42 CMR 296, decided this date, sustains the…