United States v. Schuber

ERDMANN, Judge,

with whom EFFRON, Chief Judge, joins (dissenting in part and concurring in the result):

This court reviews whether an accused received a speedy trial “de novo as a legal question, giving substantial deference to a military judge’s findings of fact that will be reversed only if they are clearly erroneous.” United States v. Mizgala, 61 M.J. 122, 127 (C.A.A.F.2005). This case presents two issues: whether Schuber’s base restriction constituted “arrest” for purposes of an Article 10, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 810 (2006), speedy trial motion; and whether the…