United States v. Chairez

DECISION

SNYDER, Judge:

Contrary to his pleas, the accused was convicted by a military judge sitting as a general court-martial of wrongfully and unlawfully breaking open a United States Post Office Box, in violation of 18 U.S.C. § 1705.1 His sentence is dismissal and total forfeitures.

The record of trial does not reflect a request by trial counsel that judicial notice be taken of 18 U.S.C. 1705 or a statement by the trial judge that he was sua sponte taking judicial notice of the statute. A copy of the statute is not attached as a,n exhibit.

*788Consequently, appellate defense counsel aver that…