United States v. Fuentes

Opinion of the Court

EVERETT, Chief Judge:

A general court-martial composed of officer and enlisted members tried appellant at Fort Ord, California, on a charge of assaulting Private First Class Gary Upshaw with intent to commit murder and convicted him of assault with intent to commit voluntary manslaughter, both in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. Fuentes was sentenced to a bad-conduct discharge, confinement for 5 years, forfeiture of $279.00 pay per month for 60 months, and reduction to pay grade E-l. The convening authority approved the sentence.

Pr…