United States Army Court of Criminal Appeals s7

United States Army Court of Criminal Appeals s7

<p>UNITED STATES ARMY COURT OF CRIMINAL APPEALS</p><p>Before SCHENCK, COOK, and WALBURN Appellate Military Judges</p><p>UNITED STATES, Appellee v. Sergeant SHARON D. WOLFE United States Army, Appellant</p><p>ARMY 20040996</p><p>Headquarters, 7th Army Training Command Stephanie Browne, Military Judge Major William D. Smoot, Acting Staff Judge Advocate (trial) Lieutenant Colonel Michael E. Mulligan, Staff Judge Advocate (post-trial)</p><p>For Appellant: Lieutenant Colonel Steven C. Henricks, JA; Major Fansu Ku, JA; Captain Edward Bahdi, JA (on brief).</p><p>For Appellee: Colonel John W. Miller II, JA; Major Elizabeth G. Marotta, JA; Captain Larry W. Dowend, JA; Captain Trevor B.A. Nelson, JA (on brief).</p><p>11 February 2008</p><p>------SUMMARY DISPOSITION ------Per Curiam:</p><p>This case is before the court for review pursuant to Article 66, UCMJ. Appellant alleges, and the government concedes, that appellant’s trial defense counsel failed to submit a request for deferment of the adjudged forfeitures and reduction in rank to the convening authority pursuant to Article 57(a)(2), UCMJ. 1</p><p>Accordingly, the convening authority’s action, dated 2 March 2006, is set aside. The record of trial will be returned to The Judge Advocate General for a new Staff Judge Advocate’s Post-Trial Recommendation and action by the same or a different convening authority in accordance with Article 60(c)-(e), UCMJ.</p><p>1 Appellant had requested these deferments in her post-trial and appellate rights form. Additionally, appellant alleges her trial defense counsel failed to coordinate with her concerning her clemency submissions. Appellant also asserts she would have submitted a personal statement and character letters. This decision permits appellant to do so and therefore moots this issue. WOLFE – ARMY 20040996</p><p>FOR THE COURT:</p><p>MALCOLM H. SQUIRES, JR. Clerk of Court</p><p>2</p>

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