United States v. Covington

The single assignment of error questions the effect of a convening authority’s action suspending a portion of the sentence to confinement taken after the unsuspended confinement had run in fact but before the entire adjudged sentence to confinement had run by operation of law.

*1122Unlike many cases we have seen in which the convening authority acts after the entire sentence has run by operation of law under Article 57(b), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 857(b), the entire sentence had not run in this case. Appellant was placed in pretrial confinement on April 10, 1989, where…