Legal Opinion

United States v. Fitzgerald

U.S. Navy-Marine Corps Court of Military Review

Decided March 19, 1982No. NMCM 81 1047PublishedCited by 4 opinions

1Opinion of the Court

CEDARBURG, Chief Judge:

On 27, 28, and 29 May 1980, at Naval Legal Service Office, Washington Navy Yard, Washington, D. C., appellant was tried by a special court-martial composed of officer members. Contrary to his pleas, he was convicted of unauthorized absence from 5 June 1979 to 11 December 1979, in violation of Article 86 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 886. He was sentenced to a bad-conduct discharge. The convening authority and supervisory authority approved the sentence as adjudged.

The appellant now posits three assignments of error for consideration by this…

2Cases cited4 opinions

  1. United States v. MoselyUnited States Court of Military Appeals · 1976
  2. United States v. SalleyUnited States Court of Military Appeals · 1980
  3. United States v. CottenUnited States Court of Military Appeals · 1981
  4. United States v. UsryU.S. Navy-Marine Corps Court of Military Review · 1980

3Cited by4 opinions

  1. United States v. RayNavy-Marine Corps Court of Criminal Appeals · 1999
  2. United States v. CastilloNavy-Marine Corps Court of Criminal Appeals · 2003
  3. United States v. HundleyNavy-Marine Corps Court of Criminal Appeals · 2002
  4. United States v. PineroNavy-Marine Corps Court of Criminal Appeals · 2003

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