United States v. Montoya

Opinion of the Court

Fekguson, Judge:

Tried by a general court-martial convened by the Commanding General, Marine Corps Recruit Depot, San Diego, California, the accused was convicted of desertion terminated by apprehension, in violation of Uniform Code of Military Justice, Article 85, 10 USC § 885, and sentenced to dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for two years. The convening authority approved the sentence, and the board of review, reducing the period of confinement to eighteen months, affirmed. We granted accused’s pro forma petition…