United States v. Brownd

Opinion of the Court

FLETCHER, Chief Judge:

In this case the petitioner calls upon us to review the convening authority’s exercise of discretion in deferring sentence to confinement under Article 57(d), Uniform Code of Military Justice, 10 U.S.C. § 857(d). We *339find that in this instance the convening authority did abuse his discretion. The standard set forth below is the criteria for judging a convening authority’s future determination of a sentence deferment request.

The salient facts are not in dispute. Included in the appellant’s sentence, following his general court-martial conviction, was…