United States v. Clark

OPINION OF THE COURT

BRUBAKER, Senior Judge:

The petitioner asks that we direct his immediate release from confinement through a Writ of Habeas Corpus. Because we find his continued confinement to be lawful, we decline to do so.

Background

A military judge sitting as a general court-martial convicted the petitioner, contrary to his pleas, of rape and forcible sodomy in violation of Articles 120 and 125, Uniform Code of Military. Justice, 10 U.S.C. §§ 920 and 925. The military judge sentenced the appellant to seven years’ confinement, reduction to pay grade E-l, and a dishonorable discharge. The…