Pay after setting aside of a sentence

These cases support the position that your client is entitled to pay. This holding states that he is not entitled to pay in the event that the accused remains guilty of other charges. Obviously, then, when he stands convicted of no charges he will be entitled to pay

Servicemember was not entitled to restoration of pay status under Unif. Code Mil. Justice art. 75(a), 10 USCS § 875, after Court of Appeals for Armed Forces set aside his sentence where servicemember remained convicted of offenses that were affirmed and, thus, remained subject to inchoate sentence that was pending further review Air Force Court of Criminal Appeals. United States v Dodge (2005, AFCCA) 60 MJ 873, 2005 CCA LEXIS 21, affd (2005, CAAF) 61 MJ 288, 2005 CAAF LEXIS 681.

Court of Appeals found that there was legitimate, nonpunitive reason for Dep't Def. Fin. Mgmt. Reg. vol. 7A, para. 010302.G.4, regulation that required U.S. to stop servicemember's pay when he reached end of his obligated service (EAS) date, that regulation was not implicitly punitive or punitive in effect, and that Government did not violate Unif. Code Mil. Justice art. 13, 10 USCS § 813, when it stopped servicemember's pay after his EAS date but continued to hold him in pretrial confinement so it could try him on charges that he committed indecent acts with child under age of 16, in violation of Unif. Code Mil. Justice art. 134, 10 USCS § 934. United States v Fischer (2005, CAAF) 61 MJ 415, 2005 CAAF LEXIS 963, cert den (2006, US) 126 S Ct 1345, 164 L Ed 2d 58.

Haytham Faraj, Esq.

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