United States v. Mendoza

Judge STUCKY

delivered the opinion of the Court.

We granted review to determine whether a convening authority may take a new action on remand without receiving a new staff judge advocate’sflegal officer’s recommendation (SJAR/LOR) and affording the accused an opportunity to present additional matters under Rule for Courts-Martial (R.C.M.) 1105. We hold that a new action requires a new SJAR/LOR under R.C.M. 1106 and the opportunity for the accused to submit additional matters under R.C.M. 1105. 1

I. Facts

In exchange for the convening authority’s agreement to cap his sentence, Appellant pled…