(concurring):
I concur with the majority’s rationale for affirming the findings of guilty and authorizing a sentence rehearing. I write separately simply to note that appellant is not precluded from making appropriate motions at such a rehearing, including a motion to resolve the issue identified in the proceedings below concerning alleged improper reconsideration by the court-martial panel. See United States v. Thomas, 39 MJ 626, 641 (NMCMR 1993) (Jones, J., dissenting).