Legal Opinion

United States v. Private First Class DONALD E. SCHEUERMAN

Army Court of Criminal Appeals

Decided May 26, 2009No. ARMY 20080304PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

SULLIVAN, Judge:

A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of two specifications of absence without leave (AWOL) 1 in violation of Article 86, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. § 886. The convening authority approved the adjudged sentence of a bad-conduct discharge, confinement for twelve months, and reduction to Private El.

FACTS

Appellant, on leave from his unit in Iraq, discovered his unit’s deployment had been extended for an additional three months and decided not to return. According to…

2Cases cited19 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. GrostefonUnited States Court of Military Appeals · 1982
  3. United States v. GinnCourt of Appeals for the Armed Forces · 1997
  4. United States v. FosterUnited States Court of Military Appeals · 1994
  5. United States v. BerryCourt of Appeals for the Armed Forces · 2005

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3Cited by2 opinions

  1. United States v. Private E1 TREVOR R. FORDYCEArmy Court of Criminal Appeals · 2010
  2. United States v. Private E1 TREVOR R. FORDYCEArmy Court of Criminal Appeals · 2010

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