United States v. Shy

OPINION OF THE COURT

JONES, Senior Judge:

The appellant was convicted of possessing heroin in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. He was sentenced to a bad-conduct discharge, confinement at hard labor for 15 months, forfeiture of $350.00 per month for 15 months, and reduction to Private E-1. *583The convening authority approved the sentence. Several assigned errors require discussion in this review pursuant to Article 66, UCMJ, 10 U.S.C. § 866.

I

The appellant maintains the court-martial lacked jurisdiction over him because he was retained in the Army beyond…