United States v. Clements

DeCICCO, Judge:

In this case, following the filing of briefs by the parties, we specified the issue of whether or not the appellant providently pled guilty to escape from custody.1 Based on the facts in this record, we have concluded that his plea was not provident, but based on the remaining offenses (17 unauthorized absences and wrongful use of methamphetamine), we have reassessed the sentence and found it appropriate.

During the Care2 inquiry, the appellant told the military judge that he was apprehended by the Long Beach Police for unauthorized absence, and was turned over to the Naval…