United States Court of Military Appeals, 1970

United States v. DeWees

United States v. DeWees
United States Court of Military Appeals · Decided July 17, 1970 · Darden, Ferguson, Quinn
19 C.M.A. 571; 19 USCMA 571; 42 C.M.R. 173; 1970 CMA LEXIS 797; 1970 WL 7031
United States v. DeWees

Opinion of the Court

Opinion of the Court

Quinn, Chief Judge:

The question presented by this appeal is whether error was committed by the military judge when he examined the sentence provision of a pretrial agreement between the accused and the convening authority. We considered this question in United States v Villa, 19 USCMA 564, 42 CMR 166 (1970), and for the reasons set out *572in our opinion in that case, we conclude there was no error.

The decision of the United States Army Court of Military Review is affirmed.

Judge DARDEN concurs.

Dissenting Opinion

FERGUSON, Judge

(dissenting) :

I dissent.

I disagree with my brothers’ decision in this case for the reasons set forth in my separate opinion in United States v Villa, 19 USCMA 564, 42 CMR 166 (1970).

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