United States v. Burgess

Opinion of the Court

COX, Judge:

Pursuant to his pleas, appellant was convicted, among other things,1 of resisting apprehension by an armed forces policeman who was authorized to apprehend him, in violation of Article 95, Uniform Code of Military Justice, 10 USC § 895. The findings and sentence were affirmed by the Court of Military Review in a short-form opinion dated April 13, 1990.

Appellant petitioned this Court for further review, contending that his pleas of guilty for resisting apprehension must be set aside because his conduct constituted only flight, not resisting apprehension. We…