DocketNumber: No. 14-0619-AR
Citation Numbers: 74 M.J. 264
Filed Date: 2/11/2015
Status: Precedential
Modified Date: 7/25/2022
CCA 20120384. On consideration of the granted issue, and the judgment of the United States Army Court of Criminal Appeals, United States v. Twinam, No. 20120384 (A. Ct. Crim. App. Mar. 7, 2014), we conclude that Appellant is not entitled to relief. The maximum punishment for violations of Article 92, UCMJ, 10 U.S.C. § 892 (2008), does not apply “if the violation of failure to obey is a breach of restraint imposed as a result of an order.” Manual for Courts-Martial, United States pt. IV, ¶ 16.e. Note (2008 ed.) Although the military judge did not note that he was limiting the maximum punishment for the Article 92 offense, the maximum punishment did not change.. Article 19, UCMJ, 10 U.S.C. § 819 (2012) (setting the statutory maximum confinement that can be imposed by a special court-martial at one year). Appellant pled guilty to desertion,