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Legal Opinion

United States v. Elvine

United States Court of Military Appeals

Decided July 5, 1983No. 43,551; CM 441233PublishedCited by 24 opinions

1Opinion of the Court

Opinion of the Court

FLETCHER, Judge:

On June 12 and 18, 1981, appellant was tried by a general court-martial composed of officer and enlisted members at Frankfurt, Germany. Contrary to his pleas, he was found guilty of rape, in violation of Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920. The members sentenced him to a bad-conduct discharge, confinement at hard labor for 10 years, total forfeitures, and reduction to the lowest enlisted grade. The convening authority approved this sentence, and the Court of Military Review affirmed.

This Court granted review of the following three…

2Cases cited6 opinions

  1. United States v. Valenzuela-BernalSupreme Court of the United States · 1982
  2. United States v. Abraham KastoCourt of Appeals for the Eighth Circuit · 1978
  3. United States v. Deral Gene Holman, Donald Bruce Holman, John Mallory ObertCourt of Appeals for the Eleventh Circuit · 1982
  4. Doe v. United StatesCourt of Appeals for the Fourth Circuit · 1981
  5. Packineau v. United StatesCourt of Appeals for the Eighth Circuit · 1953

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3Cited by24 opinions

  1. United States v. BanksUnited States Court of Military Appeals · 1992
  2. United States v. WilliamsUnited States Court of Military Appeals · 1993
  3. United States v. HicksUnited States Court of Military Appeals · 1987
  4. United States v. Colon-AngueiraUnited States Court of Military Appeals · 1983
  5. United States v. BankerCourt of Appeals for the Armed Forces · 2004

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