United States v. Specialist JASON L. HINSON

UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before HOLDEN, HOFFMAN, and SULLIVAN Appellate Military Judges UNITED STATES, Appellee v. Specialist JASON L. HINSON United States Army, Appellant ARMY 20071140 Headquarters, Fort Carson Debra Boudreau, Military Judge Colonel Michael W. Meier, Staff Judge Advocate

For Appellant: Colonel Christopher J. O’Brien, JA; Lieutenant Colonel Steven C. Henricks, JA; Major Teresa L. Raymond, JA; Captain Nathan J.

Bankson, JA (on brief); Lieutenant Colonel Mark Tellitocci, JA; Lieutenant Colonel Matthew M. Miller, JA; Major Brad Voorhees, JA; Captain Michael E.

Korte, JA (on reply brief).

For Appellee: Lieutenant Colonel Mark H. Sydenham, JA; Major Lisa L.

Gumbs, JA; Captain Michael G. Pond, JA (on brief).

19 December 2008 --------------------------------- SUMMARY DISPOSITION --------------------------------

Per Curiam: Appellant has demonstrated he has not received pretrial confinement credit pursuant to 18 U.S.C. § 3585(b)(2) for the period civilian authorities confined him on unrelated state charges prior to his court- martial. See generally United States v. Gogue, __ M.J. __, No. 07-0826/AR (C.A.A.F. Oct. 7, 2008) (order). Accordingly, we order appellant receive seventy-one (71) additional days of confinement credit against his sentence to confinement. All rights, privileges, and property of which appellant has been deprived by virtue of that portion of his sentence set aside by this decision are restored. See Articles 58b(c) and 75(a), Uniform Code of Military Justice, 10 U.S.C. §§ 858b(c) and 875(a).

On consideration of the entire record, including those matters personally submitted by appellant, we hold the findings of guilty and the remaining sentence as approved by the convening authority are correct in law and fact. Accordingly, those findings of guilty and the sentence are AFFIRMED.

FOR THE COURT:

MALCOLM H. SQUIRES, JR. Clerk of Court