United States v. Mooney

76 M.J. 438, 2017 CAAF LEXIS 738

Opinion

CCA 38929. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

WHETHER THE CONVENING AUTHORITY’S ACTION IS VOID AB INITIO WHERE IT PURPORTS TO ORDER APPELLANT’S ADJUDGED COURT-MARTIAL SENTENCE TO RUN CONSECUTIVE TO HIS PREVIOUSLY ADJUDGED FEDERAL SENTENCE INSTEAD OF CONCURRENTLY AS REQUIRED BY ARTICLE 57, UCMJ.

Briefs will be filed under Rule 25.