United States v. Davis
United States Court of Appeals for the Armed Forces
58 M.J. 100 (2003)
- Written by Salina Kennedy, JD
Facts
Major General F (MG F) gave several briefings at which he noted that drug use by servicemembers was increasing. At these briefings, MG F made statements implying that servicemembers who were convicted of drug charges should not expect leniency from him. Airman Basic Daniel D. Davis (defendant) subsequently entered a guilty plea to drug-related charges and was sentenced by a special court-martial to a bad-conduct discharge and three months’ confinement. Major General F (MG F) served as convening authority in the matter and approved the sentence. The Air Force Court of Criminal Appeals affirmed. Davis appealed, arguing that MG F had expressed an inelastic attitude toward clemency and should have been disqualified from reviewing his sentence.
Rule of Law
Issue
Holding and Reasoning (Erdmann, J.)
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