United States v. Tucker

ABERNATHY, Judge: *

Appellant, contrary to his pleas, was convicted of unauthorized absence in violation of Article 86, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 886. This Court, on its own motion, ordered written briefs on the following issues:

I. WHETHER THE ENTRY ON PROSECUTION EXHIBIT 2 WHICH ESTABLISHED APPELLANT’S UNAUTHORIZED ABSENCE ALSO BROUGHT THE CASE WITHIN THE AMBIT OF THIS COURT’S DECISION IN UNITED STATES V. RICE, 15 M.J. 605 (N.M.C.M.R.1982)?

II. WHETHER, IF THE FOREGOING QUESTION IS ANSWERED AFFIRMATIVELY, THE RICE HOLDING IS CONTROLLING IN VIEW OF APPELLANT’S FAILURE…