United States v. Sidney
Cases that cite this one
2 later published cases cite this decision.
- United States v. Quick (United States Court of Appeals For The Armed Forces 2015)
- United States v. Quick (United States Court of Appeals For The Armed Forces 2015)
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
We granted review of two assignments of error. As to the first, the evidence indicates that an order to the accused by the company commander, regarding registration and safekeeping of personal weapons, was essentially an enjoinder to comply with existing regulations on the subject. Consequently, the accused’s misconduct should have been charged as a violation of Article 92(2), Uniform Code of Military Justice, 10 U.S.C. § 892(2), rather than under Article 90 of the Code, for which the punishment "is considerably less.” United States v Warts-baugh, 21 USCMA 535, 541, 45 CMR 309, 315 (1972). The second assignment of error affects the sentence; the Government concedes error and "joins with appellant in requesting . . . [the Court] set aside the sentence and authorize a rehearing thereon.”
The decision of the Court of Military Review is reversed as to Charge I and its specification and the sentence. The findings of guilty as to Charge I are set aside, and the charge and specification are ordered dismissed. A rehearing on the sentence for the remaining findings of guilty may be ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.