United States v. Montanino

Opinion of the Court

COX, Judge:

A military judge sitting alone as a general court-martial convicted appellant, pursuant to his pleas, of absence without leave and wrongful appropriation of government funds; and, contrary to his pleas, of larceny (two specifications), in violation of Articles 86 and 121, Uniform Code of Military Justice, 10 USC §§ 886 and 921, respectively. The approved sentence provides for a bad-conduct discharge, confinement for 11 months, and reduction to the lowest enlisted grade. The Court of Military Review affirmed the findings and sentence. 35 MJ 565 (1992). We granted…