United States v. Ellison

OPINION OF THE COURT

COOK, Judge:

Appellant was convicted, contrary to his pleas, of a single specification of possessing heroin, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. His approved sentence includes a dishonorable discharge, confinement at hard labor for 4 years, forfeiture of $299 pay per month for 4 years, and reduction to the grade of Airman Basic. We granted review of the following issue:

WHETHER THE COURT-MARTIAL WHICH TRIED THE ACCUSED IN ABSENTIA WAS WITHOUT JURISDICTION SINCE IT WAS NOT THE SAME COURT-MARTIAL BEFORE WHICH THE ACCUSED WAS…