United States v. Allen

OPINION OF THE COURT

FELDER, Judge:

Private Allen pleaded guilty at a special court-martial to conspiracy to commit robbery and assault upon a fellow soldier with intent to commit robbery in violation of Articles 81 and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 881, 934 (1982), respectively. After conducting a providence inquiry, the military judge accepted the guilty pleas and convicted Private Allen accordingly.

The sentence was imposed by commissioned and noncommissioned court members. During the presentencing proceedings, the trial and defense counsel introduced evidence for…