United States v. Wiley

OPINION OF THE COURT ON RECONSIDERATION

CREAN, Senior Judge:

A military judge sitting as a general court-martial found the appellant guilty, contrary to his pleas, of desertion with intent to avoid hazardous duty and shirk important service and missing movement through design, in violation of Articles 85 and 87, Uniform Code of Military Justice, 10 U.S.C. §§ 885 and 887 (1988) [hereinafter UCMJ]. The convening authority approved the adjudged sentence of a bad-conduct discharge, confinement for nine months, and reduction to Private El.

This Court issued an opinion in this case on 18 June 1993. On…