United States v. Mitchell

OPINION

COOK, Judge:

Pursuant to accused’s pleas of guilty, a general court-martial at Fort Dix, New Jersey, convicted him of unpremeditated murder, in violation of Article 118, Uniform Code of Military Justice, 10 U.S.C. § 918, and adjudged a sentence that included a dishonorable discharge and confinement at hard labor for 25 years.

As 94 days elapsed between accused’s conviction and his immediate post-trial confinement on January 31, 1978, and the convening authority’s action on May 5, 1978, the accused contends that when the circumstances of the convening authority’s review are considered…