United States v. Smith

*774OPINION OF THE COURT

DELLÓRTO, Judge:

Contrary to Ms pleas, the appellant was found guilty by a general court-martial consisting of officer and enlisted members of desertion and assault with intent to commit rape, in violation of Articles 85 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 885 and 934 (1988) [hereinafter UCMJ], The convening authority approved the adjudged sentence of a bad-conduct discharge, confinement for four years, forfeiture of all pay and allowances, and reduction to Private El.

The appellant attacks the jurisdiction of his court-martial on three bases: the…