United States v. Doane

I concur with Parts I, II, and III of the majority opinion, but dissent from Parts IV and the result. I write separately to address a question that I believe we previously answered incorrectly, and which we now apply equally incorrectly. The question is: Should credit for illegal pretrial confinement be applied against the sentence adjudged or that approved? Our senior court apparently answered this question for us in United States v. Rock, 52 M.J. 154 (1999), although the answer is not as clear as one might wish. The court explained that “credit against confinement awarded by a military…