United States v. Febus-Santini

OPINION OF THE COURT

By amendment to the original convening order, the military judge who presided had been relieved. The court that tried this accused was, therefore, improperly constituted. United States v Johnson, 23 USCMA 104, 48 CMR 665 (1974); cf. United States v Harnish, 12 USCMA 443, 31 CMR 29 (1961). The decision of the U.S. Court of Military Review is reversed. The findings and sentence are set aside. A rehearing may be ordered.