CAAF Opinion Digest · one opinion, every topic

U.S. v. Rock, 52 M.J. 154

Decided Sep 30, 1999 · No. 98-0947/AR · 1999 Term · Opinion (PDF)

Digested under 2 topics

Trial Stages: Merits: Pretrial Agreements

  1. credits against confinement awarded by a military judge apply against the adjudged sentence unless the terms of a pretrial agreement dictate otherwise; this rule applies whether or not the adjudged period of confinement is less than or exceeds that provided for in a pretrial agreement
  2. where portions of a sentence to confinement have already been served, either actually [pretrial confinement] or constructively [restraint tantamount to confinement], the resultant credit for confinement served must be applied to actual confinement to be served, whether that be established by the adjudged sentence or by the limitations of a pretrial agreement; credit for pretrial confinement, or its equivalent, cannot be bargained away in arriving at a sentence limitation

Trial Stages: Sentence and Punishment: Credits

  1. credits against confinement awarded by a military judge apply against the adjudged sentence unless the terms of a pretrial agreement dictate otherwise; this rule applies whether or not the adjudged period of confinement is less than or exceeds that provided for in a pretrial agreement
  2. where portions of a sentence to confinement have already been served, either actually [pretrial confinement] or constructively [restraint tantamount to confinement], the resultant credit for confinement served must be applied to actual confinement to be served, whether that be established by the adjudged sentence or by the limitations of a pretrial agreement; credit for pretrial confinement, or its equivalent, cannot be bargained away in arriving at a sentence limitation
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