United States v. Rees

BAUM, Chief Judge:

On 28 October 1998, this Court affirmed Appellant’s special court-martial conviction for LSD use but did not affirm a marijuana-use conviction for which nonjudicial punishment (NJP) of $50 forfeiture and reduction from paygrade E-3 to E-2 had been previously administered.1 Our decision also set aside the sentence and ordered a rehearing due to the trial counsel’s improper exploitation of the prior NJP, and because the sentence credit required by U.S. v. Pierce, 27 M.J. 367 (CMA 1989), had not been applied. The rehearing has been held with the same judge imposing the same…