United States v. Sanders

The pretrial agreement in this ease provided, “If no discharge is adjudged, the Convening Authority makes no agreement concerning any confinement he may approve.” Appellant originally offered a pretrial agreement which did not include such a clause, submitting an offer which contained the disputed clause only after his original offer was rejected. All other terms of the two offers were the same. The case was tried at Fort Knox, Kentucky, during a period when the clause was routinely required by the Government as a prerequisite to any pretrial agreement. Following my analysis in United States…