United States v. Cantrell

18 C.M.A. 572, 18 USCMA 572, 40 C.M.R. 284, 1969 CMA LEXIS 730, 1969 WL 6072

• Court: United States Court of Military Appeals
• Decided: September 12, 1969
• Docket: No. 22,152
• Status: Published

Opinions

Opinion of the Court

.Darden, Judge:

The inquiry into the appellant’s plea of guilty to a single specification of absence without leave, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886, would not meet the standard that must apply to cases tried thirty days after the decision in United States v Care, 18 USCMA 535, 40 CMR 247. In this instance, however, Cantrell has given a statement in an attempt to secure mitigation, admitting the unauthorized absence, one hundred eighty-nine days in duration. Therefore, we find the plea provident.

Accordingly, the decision of the board of review is affirmed.

Chief Judge Quinn concurs.