United States v. Oliver

Preliminarily, I note that the premise of appellant’s argument in this case is that his status as a person subject to the Uniform Code of Military Justice at the time of the offense was an element of the offense for which he was found guilty. See United States v. McDonagh, 14 MJ 415, 422 (CMA 1983) (Everett, C.J.); United States v. Ornelas, 2 USCMA 96, 6 CMR 96 (1952). No legal authority has been provided for appellant’s premise, but instead, it is based on his view of language in Article 132, UCMJ. His view of this statute is not supported by the President’s explanation of this offense in…