United States v. Finney

GLADIS, Judge:

The accused was convicted at a special court-martial bench trial of a 10-month unauthorized absence in violation of Article 86, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 886, and sentenced to a bad-conduct discharge, confinement at hard labor for 3 months, and forfeiture of $250.00 per month for 3 months. Finding that deprivation of normal liberty for the purpose of indoctrination when no indoctrination occurred amounted to illegal pretrial detention, the military judge ordered that the accused be credited for illegal pretrial detention from 9 to 16 October 1979. The…