United States v. Witherspoon

19 M.J. 978, 1985 CMR LEXIS 4137
U.S. Army Court of Military Review·Decided February 28, 1985·No. CM 444824·Published·Cited by 1 cases

Opinions

OPINION OF THE COURT

NAUGHTON, Judge:

Appellant contends that he was prejudiced by the sentence limitation terms of the pretrial agreement which were operative only if a punitive discharge was adjudged. In light of United States v. Castleberry, 18 M.J. 826 (ACMR 1984), and United States v. Holmes, 17 M.J. 830 (ACMR), pet. denied, 18 M.J. 438 (CMA 1984), we find this contention to be without merit. Such provisions are not violative of public policy.

The findings of guilty and the sentence are affirmed.

COHEN, J., concurs.1

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United States v. Witherspoon, 19 M.J. 978, 1985 CMR LEXIS 4137 (usarmymilrev 1985).

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