United States v. Pierce

27 M.J. 367 (1989)

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United States v. Pierce

United States Court of Military Appeals
27 M.J. 367 (1989)

Facts

On July 5, 1986, Private James A. Pierce (defendant) stole an aviator kit bag. On July 11, 1986, Pierce was given Article 15 nonjudicial punishment of restriction for 45 days, extra duty for 45 days, a reduction in pay grade, and forfeiture of $358 pay per month for two months. The theft was the beginning of a pattern of misconduct, and on August 25, 1986, Pierce was charged with absence without leave, wrongful appropriation, assault and battery, being drunk and disorderly, and larceny. The larceny charge was for the previous month’s theft of the aviator kit bag. Pierce was tried by court-martial, and he pleaded guilty to all charges, pursuant to a pretrial agreement. The military judge stated that he would consider the nonjudicial punishment in his sentencing decision. Pierce was sentenced to a bad-conduct discharge, confinement for 13 months, total forfeitures, and a further reduction in pay grade. The convening authority reduced Pierce’s sentence so that it would comply with the maximum allowable sentence provided by his pretrial agreement but did not credit Pierce for his nonjudicial punishment. Pierce appealed, arguing that his trial for larceny had violated his due-process rights.

Rule of Law

Issue

Holding and Reasoning (Cox, J.)

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