United States v. Wheeley

Opinion of the Court

COOK, Judge:

Appellant was convicted by general court-martial of conspiracy to commit extortion, extortion, and graft (3 specifications), in violation of Articles 81, 127, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 881, 927, and 934, respectively. We granted review to determine whether the court-martial had jurisdiction over appellant’s person. We conclude that it did.

At trial the defense moved to dismiss all charges on the basis that the expiration of appellant’s term of enlistment, prior to trial, divested the court of jurisdiction. Evidence relevant to this…