On 14 April, CAAF decided United States v. Girouard, 70 M.J. 5 (C.A.A.F. 2011), a Jones LIO case setting aside a negligent homicide conviction. Here’s how the decretal paragraph ends: “The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for reassessment of the sentence, or, if necessary, for ordering a rehearing on the sentence.” The mandate didn’t issue until 4 May. And yet ACCA has already considered the case and remanded ti back o the trial level. In this opinion, issued yesterday, ACCA held:
The sentencing landscape has changed dramatically and “[w]e conclude the only fair course of action is a sentencing rehearing.” United States v. Buber, 62 M.J. 476, 480 (C.A.A.F. 2006) (citations and quotations omitted). A rehearing on the sentence may be ordered by the same or different convening authority.
United States v. Girourd, No. ARMY 20070299 (A. Ct. Crim. App. May 23, 2011) (per curiam).