United States v. McCauley

Opinion of the Court

Kilday, Judge:

Appellant was arraigned before a general court-martial at the Marine Corps Recruit Depot, San Diego, California, charged with desertion terminated by apprehension, in violation of Article 85, Uniform Code of Military Justice, 10 USC § 885. He pleaded not guilty of the offense charged but guilty of absence without leave, the lesser included offense. He was found guilty of desertion as charged and sentenced to a dishonorable discharge, total forfeitures, and confinement at hard labor for one year. The convening authority approved the sentence. A board of review…