United States v. Klawuhn

FREYER, Judge:

The appellant was convicted, at a general court-martial with officer members, of conspiracy to commit housebreaking, housebreaking by breaking into a storeroom in USS IOWA (BB 61), and larceny of U.S. Government property therein. He was sentenced to reduction to pay grade E-l, forfeiture of all pay and allowances, confinement for three months, and a bad-conduct discharge. The convening authority approved the findings [sic] and the sentence.

At the trial, the defense made a timely motion for appropriate relief to obtain a new Article 34, 10 U.S.C. § 834 advice and a new referral…