United States v. Lucy

DECISION

FULTON, Judge:

This case involves a grant of immunity which required that the review and action *1300be taken other than by the convening authority. The question presented is whether the four days that it took to mail the record of trial from the convening authority in Pensacola, Florida to the action authority in Charleston, South Carolina must be included in the 90-day Dunlap computation. A total of 91 days elapsed from the date sentence was imposed until the date action was taken on the record.

Pursuant to his pleas of guilty the appellant was convicted by general court-martial of…