United States v. Miller

(concurring in part and dissenting in part), in which KANTOR, Judge joins.

We concur with permitting SN Miller to withdraw his case from appellate review. He has been fully informed by competent defense counsel on numerous occasions about the consequences of either waiving or withdrawing from appellate review. It has always been his desire to avoid appellate review and we should respect his request.

We also concur with the majority’s unstated holding that this Court is prohibited from granting a requested withdrawal from appellate review when a case is referred by the Judge Advocate General…