United States v. Kuelker

This case is before us on appeal by the Government. The military judge granted appellee’s motion to dismiss on the ground that appellee had not been brought to trial within the 120-day period specified by R.C.M. 707(a). The Government has asserted that the military judge erred as a matter of law by failing to recognize that the delay in obtaining essential items of evidence in the custody of the United States Treasury Department constituted “delay for good cause,” R.C.M. 707(c)(8), which was required to be excluded in determining the period of accountability governed by R.C.M. 707(a).

In…