United States v. Knabe

DECISION

In the case at bar, appellant challenges the staff judge advocate’s review as being prejudicially erroneous vis-a-vis sentencing. That sentencing procedure is complicated by the convergence of two unusual conditions: (1) the adjudged sentence included a contingent portion-a $5,000.00 fine or, in lieu of payment of the fine, confinement at hard labor for one year; and (2) the staff judge advocate’s review to the convening authority incorrectly advised that the immediate confinement at hard labor ran concurrently with the contingent confinement.

The relevant facts of the case are these:…