United States v. Jones

WAGNER, Judge:

This case is before us on Government appeal of the military judge’s ruling to dismiss without prejudice the charged offenses for improper referral of charges. The appeal is properly brought before this court under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862. After a thorough review of the entire record of trial and the briefs submitted by the Government and the appellee, we find that the military judge erred in dismissing the charged offenses on the basis of improper referral.

Facts

The appellee, a Marine staff sergeant, was assigned as a senior enlisted…