United States v. Garza

BARTO, Senior Judge, with whom Judge ZOLPER joins,

dissenting.

I reluctantly and respectfully dissent from the learned opinion of the majority in this matter. Under the circumstances of this case, I am not persuaded that this court may receive extrinsic evidence concerning the sentence that the convening authority intended to approve when he took initial action upon the sentence in this matter. It is more judicious to allow an unambiguous initial action by a convening authority to speak for itself.

We are a court of limited jurisdiction with a unique mandate. See United States v. Bauerbach, 55…