United States v. Korda

OPINION OF THE COURT

JAMES, Judge:

Airman First Class Korda was convicted of desertion.1 The principal evidence of the required intent to remain away from his place of duty permanently was a note that was found in Airman Korda’s apartment. On appeal, Airman Korda argues that the military judge erred when he denied the defense motion to suppress the note. We disagree and affirm the findings and sentence.

I. FACTS

We adopt the following findings of fact entered by the military judge:

One. On 15 May 1991, the accused, Airman Korda, failed to report for work ... at Minot Air Force Base, North Dakota.…