United States v. Fortune
Cases that cite this one
3 later published cases cite this decision.
- United States v. Adame (United States Court of Military Appeals 1971)
- United States v. Timmons (United States Court of Military Appeals 1973)
- United States v. Sanders (United States Court of Military Appeals 1971)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Opinion of the Court
The accused was convicted by a special court-martial in 1968. The supervisory authority ordered a rehearing of the sentence.
The Government concedes that the sentence instructions at the rehearing were erroneous, as determined in United States v Tackett, 19 USCMA 85, 41 CMR 85 (1969). It also concedes that a deficiency in administrative procedures resulted in a twenty-month delay in service upon the accused of the decision of the board of review affirming the second sentence. In the meantime, the accused was otherwise separated from the service. Under the circumstances, no useful purpose is served by continuing the proceedings. United States v Ervin, 20 USCMA 97, 42 CMR 289 (1970).
The decision of the board of review is reversed. The plea of guilty and the sentence are set aside, and the charges are ordered dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.