Legal Opinion

United States v. Sergeant JOHN M. RUSSELL

Army Court of Criminal Appeals

Decided September 28, 2017No. ARMY 20130463Published

1Opinion of the Court

OPINION OP THE COURT

WEIS, Judge:

We hold that the military judge’s comments prior to announcing appellant’s sentence did not demonstrate he considered inappropriate matters for sentencing.

A military judge sitting as general court-martial convicted appellant, contrary to his pleas, of attempted premeditated murder and five specifications of premeditated murder, in violation of Articles 80 and 118, Uniform Code of Military Justice, 10 U.S.C. §§ 880, 918 (2006) [hereinafter UCMJ], The military judge found appellant guilty, pursuant to his plea, of aggravated assault, in violation of Article 128,…

2Cases cited12 opinions

  1. Payne v. TennesseeSupreme Court of the United States · 1991
  2. Gardner v. FloridaSupreme Court of the United States · 1977
  3. United States v. GrostefonUnited States Court of Military Appeals · 1982
  4. State v. ArnettOhio Supreme Court · 2000
  5. United States v. James O. BakkerCourt of Appeals for the Fourth Circuit · 1991

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