United States v. Pou

43 M.J. 778, 1995 CCA LEXIS 276, 1995 WL 808311
CourtUnited States Air Force Court of Criminal Appeals
DecidedOctober 10, 1995
DocketACM 31365
StatusPublished
Cited by1 cases

This text of 43 M.J. 778 (United States v. Pou) is published on Counsel Stack Legal Research, covering United States Air Force Court of Criminal Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Pou, 43 M.J. 778, 1995 CCA LEXIS 276, 1995 WL 808311 (afcca 1995).

Opinion

OPINION OF THE COURT

HEIMBURG, Senior Judge:

This case presents a novel question: when the Air Force inaccurately determined the appellant was dead, did that sever jurisdiction to try him for crimes he later committed? Our answer, in brief, is “no.”

Facts

Airman Basic, then Staff Sergeant, James D. Pou faked his death and deserted on 12 May 1987 while serving as an instructor in the Air Force’s pararescue training unit at Kirtland Air Force Base (AFB), New Mexico. The Air Force changed Pou’s status to “deceased” on 21 May 1987. He left behind a wife and two small sons, and went to San Diego, California, where he changed his name and (bigamously) married Monica, eventually fathering two more sons. In June 1992, Monica, having learned of the appellant’s past, contacted his family. The family reported him to the Air Force, which took him into custody on 10 June 1992. He pled guilty to desertion and bigamy in a general court-martial on 9 November 1992. His approved sentence was a bad-conduct discharge, confinement for 18 months, forfeiture of all pay and allowances, and reduction to E-1.

Shortly before the appellant’s 1992 trial, Monica informed authorities that he had committed a bank robbery in Texas in 1988. Investigation began, and the appellant learned in spring 1993 that charges were imminent. On 1 June 1993, he escaped from confinement at March AFB, California, and remained at large until he turned himself in at Miramar Naval Air Station, California, on 16 June 1993.

In January 1994, the appellant was found guilty by a second general court-martial, sitting with members, of bank robbery ($40,-000), willfully making a false statement on a passport application in August 1987, escape from confinement, absence without leave, and wrongful appropriation of a battle dress uniform jacket he wore during the escape. Articles 122, 134, 95, 86, and 121, UCMJ, 10 U.S.C. §§ 922, 934, 895, 886, and 921 (1988). His approved sentence is a bad-conduct discharge, confinement for 6 years, forfeiture of all pay and allowances, and a fine of $42,000, with further confinement of up to 2 additional years if the fine is not paid.

Was Pou Separated?

The appellant argues lack of jurisdiction based on Article 3(b), UCMJ, 10 U.S.C. § 803(b) (1988).

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Cite This Page — Counsel Stack

Bluebook (online)
43 M.J. 778, 1995 CCA LEXIS 276, 1995 WL 808311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pou-afcca-1995.