United States v. Martinez

DECISION

KASTL, Senior Judge:

We authorize a rehearing on sentence in this case. The trial counsel impermissibly argued a theory of the case which was forclosed to him; his argument may well have affected the sentence.

Factual Setting

Airman Basic Martinez, the appellant, was tried for murder, in violation of Article 118, UCMJ, 10 U.S.C. § 918. He was involved in a cocaine smuggling operation. His associates included foreign nationals and other United States military members. One member of the ring, Army Sergeant (E-5) Calderon, had a serious falling out with the group; he claimed they were…