United States v. Reinecke

ORDER

LEONARD, Senior Judge:

The military judge dismissed the charge and specification in this case after finding Sergeant Lamer had been denied a speedy trial. R.C.M. 707(e). The government has appealed that ruling. Article 62, UCMJ, 10 U.S.C. § 862. We find the military judge’s ruling to be in error.

In determining whether Sergeant Lamer was denied a speedy trial, the period of contention is a 95 day period from 7 December 1989 through 11 March 1990. The military judge found this period to be attributable to the government. The government maintains that it should have been counted as a defense…