United States v. Pinero

I concur with the majority’s affirming of Appellant’s convictions of multiple uses of both methamphetamine and marijuana. However, I respectfully disagree with the majority affirming Appellant’s unauthorized absence (Charge I, Specification) for the period from “on or about 23 October 2000 ... until he was apprehended on or about 15 December 2000.” Charge Sheet. For the reasons noted below, I would only affirm so much of the charged offense as alleged an unauthorized absence [UA] from on or about 23 October 2000 until on or about 1 November 2000.

Since United States v. Francis, 15 M.J. 424…