United States v. Yarbough

WILLEVER, Judge:

Appellant raises three assignments of error on appeal: he asserts (1) his pleas were improvident, (2) he failed to receive the effective assistance of counsel because no objection was made to a record of nonjudicial punishment offered in aggravation during presentencing when an appeal was still pending, and (3) his sentence was inappropriately severe. We are unpersuaded and affirm, but the second assignment of error merits discussion. The issue is whether trial defense counsel’s failure to object to the admissibility of a nonjudicial punishment which was on appeal at time of…