Académique Documents
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No. 01-0738
Crim. App. No.
34091
Military Judge:
Steven A. Gabrial
We asked:
I
WHETHER IT WAS ERROR FOR THE STAFF JUDGE
ADVOCATE TO NOT SERVE ON THE DEFENSE AN
ADDENDUM WHICH RECOMMENDED THAT THE
CONVENING AUTHORITY APPROVE THE SENTENCE
BECAUSE IT HAD BEEN ADJUDGED BY A
JURY.
II
WHETHER THE STAFF JUDGE ADVOCATES
RECOMMENDATION TO THE CONVENING
AUTHORITY PROPERLY ADDRESSED THE
DIFFERENCES BETWEEN CLEMENCY AND
SENTENCE APPROPRIATENESS.
See United
She
She
She
Her
several
1 In view of our resolution of the first issue in this case, we need not
The
2000.
On April 24, 2000, appellants defense counsel submitted a
request for clemency to the convening authority stating that AB
Gilbreaths sole request is that the Bad Conduct Discharge be
upgraded to a general discharge.
She said:
SUBJECT:
The staff judge advocate did not serve the addendum to his
recommendation on the defense prior to the convening authoritys
action in this case.
It states:
See generally
Appellant
appellant has not met her burden to show the failure to serve
the addendum on the defense was prejudicial.
It concedes that
10
Paragraph 3 of the
USC
859(a).
11
289, 293 (2000), we held that a new action was not required
where the defense on appeal fails to proffer a possible response
to the unserved addendum that could have produced a different
result.
(Emphasis added.)
She offered
12
See United
13
See
See United
14
15
However, in
_ MJ at (11).
In Catalani,
He was not.
Attached to this
The cutoff level for reporting cocaine use is 100 nanograms per milliliter.
Memorandum, Department of Defense, Coordinator for Drug Enforcement and
This
Most of them
are dated April 20 or 21, 2000, and many speak to the sentence
appellant received.