United States v. Whitmire

Appellant has assigned three errors before this Court:

I

APPELLANT’S PLEA OF GUILTY TO BREACH OF RESTRAINT IMPOSED WHILE UNDERGOING THE PUNISHMENT OF CORRECTIONAL CUSTODY WAS IMPROVIDENT SINCE THAT OFFENSE IS NOT A LESSER-INCLUDED OFFENSE WITHIN THE OFFENSE ALLEGED UNDER CHARGE II OF ESCAPE FROM CORRECTIONAL CUSTODY.

II

THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF THE APPELLANT WHEN HE FAILED TO CONSIDER THE OFFENSES MUL-*588TIPLICIOUS FOR SENTENCING PURPOSES.

Ill

TRIAL DEFENSE COUNSEL’S ACTIVE ASSISTANCE IN APPELLANT’S REQUEST FOR A PUNITIVE DISCHARGE, AND HIS ESTABLISHMENT ON THE RECORD…