United States v. Kreutzer

ERDMANN, Judge,

with whom BAKER, Chief Judge, joins (dissenting):

I respectfully dissent from the majority’s conclusion that Kreutzer was not entitled to relief under Article 13, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 813, or Rule for Courts-Martial (R.C.M.) 305, because he remained subject to lawful confinement. The Army Court of Criminal Appeals (CCA) set aside all of the contested findings and Kreutzer’s entire sentence, not just the portion that applied to the death penalty. United States v. Kreutzer, 59 M.J. 773 (A.Ct.Crim.App.2004).1 Even though Kreutzer remained convicted…