United States v. Vendivel

OPINION OF THE COURT

JAMES, Judge:

Recently we held that R.C.M. 707, our current Executive speedy trial rule, should be applied according to its clear provisions: It governs cases in which arraignment occurs on or after July 6, 1991. Exec. Order No. 12,767, § 4d (June 27, 1991), 56 Fed. Reg. 30,284, 3 C.F.R.-(19 — ); United States v. Shim, 36 M.J. 1124 (A.F.C.M.R. 1993). That holding introduces new complexity when the charges include lengthy absence offenses under Article 85 (desertion) or 86 (absence without leave), UCMJ, 10 U.S.C. §§ 885-86 (1988). The present cases are such cases, but we…