United States v. Devins

OPINION OF THE COURT

Before CLAUSEN, CARNE and COOK, Appellate Military Judges. CARNE, Senior Judge:

Appellant asserts prejudicial error in the disposition of his case by reason of the fact that he served 95 days in post-trial confinement awaiting the convening authority’s *499action in violation of the Court of Military-Appeals’ mandate in Dunlap.1

Appellant was tried on 18 February 1977, in Seoul, Korea. His trial defense counsel departed Korea on 1 March 1977, for rotation to a new assignment in the United States with an approved leave en-' route until 4 April 1977. Prior to his departure the…