United States v. Saulter

DECISION

MURDOCK, Judge:

This case concerns an improper limitation in a pretrial agreement. The appellant entered into a pretrial agreement in which the convening authority agreed to limit the sentence in consideration of the appellant’s agreement to:(a) enter a plea of Guilty to the charges and specifications, and to(b) waive my right to have any sentencing hearing held before a court-martial composed of members.

The appellant now asserts that the agreement to waive sentencing before a court with members violates Air Force regulation and renders the agreement unenforceable. We agree.

R.C.M. 705…