United States v. Lieutenant Colonel NORMAN R. BREHM

Opinion

UNITED STATES ARMY COURT OF CRIMINAL APPEALS

Before SULLIVAN(, COOK, and BAIME Appellate Military Judges

UNITED STATES, Appellee v. Lieutenant Colonel NORMAN R. BREHM United States Army, Appellant

ARMY 20070688

Headquarters, United States Army Armor Center and Fort Knox Richard J. Anderson, Military Judge Colonel Lisa Anderson-Lloyd, Staff Judge Advocate

For Appellant: Colonel Mark Tellitocci, JA; Lieutenant Colonel Matthew M. Miller, JA; Major Bradley M. Voorhees, JA; Captain Sarah E. Wolfe, JA (on reconsideration)

For Appellee: Colonel Denise R. Lind, JA; Major Philip M. Staten, JA; Captain Stephanie R. Cooper, JA (on reconsideration).

9 July 2009

----------------------------------------------------------------- SUMMARY DISPOSITION ON RECONSIDERATION -----------------------------------------------------------------

Per Curiam:

On 13 May 2009, this court set aside the findings of guilty to and dismissed Specification 1 of Charge I and Charge I and set aside the sentence, returning the case to the Judge Advocate General for submission to the same or a different convening authority for a sentence rehearing on the remaining findings of guilty. United States v. Brehm, ARMY 20070688 (Army. Ct. Crim. App. 13 May 2009) (unpub.). Upon review of our previous decision, appellee’s request for reconsideration, and appellant’s reply brief, we modify our decision as follows:

This court sets aside the findings of guilty to Specification 1 of Charge I and Charge 1. The sentence is set aside. The case is returned to the Judge Advocate General for submission to the same or a different convening authority for disposition of Specification 1 of Charge I and Charge I, and a sentence rehearing.

FOR THE COURT:

MARY B. CHAPMAN Deputy Clerk of Court

( Senior Judge SULLIVAN took final action in this case prior to her retirement.