United States v. Mahoney

HODGSON, Chief Judge:

After concluding the Government did not meet the speedy trial time constraints imposed by R.C.M. 707(d), the military judge dismissed the charges against the accused. The prosecution challenges this ruling through an appeal under Article 62 of the UCMJ. We reverse the lower court’s holding and remand for further proceedings.

The parties have stipulated to the following chronology:

25 October 1988 Pretrial confinement

26 October 1988 Preferral of charges

26 October 1988 Article 32 Investigating Officer appointed

26 October 1988 Pretrial confinement hearing

27 October 1988…