United States v. Schmidt

Opinion of the Court

KiLDAY, Judge:

Convicted by general court-martial upon charges of (1) extortion and (2) wrongful communication of a threat, the appellant was sentenced to a bad-conduct discharge, total forfeitures, and confinement at hard labor for eighteen months, and reduction. The convening authority reduced the period of confinement to nine months and an Army board of review modified the findings and sentence to the extent of disapproving the punitive discharge.

The two offenses for which Schmidt was convicted, while comprising separate elements, are, under the facts of this case,…