United States v. Malia

OPINION OF THE COURT

COSTELLO, Judge:

Appellant was convicted, contrary to his pleas, of aggravated assault, and of obstruction of justice and communicating a threat in violation of Articles 128 and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 928 and 934, respectively. His approved sentence is set out above.

At issue is the lawfulness of appellant’s pretrial confinement which had an irregular course. Appellant was first confined on 11 August 1975 by order of his Brigade Commander, Colonel Nichols. Four days later, Captain Cheatham, the Military Magistrate at Fort Carson, began his…