United States Court of Military Appeals, 1958

United States v. Holland

United States Court of Military Appeals · Decided June 6, 1958 · Ferguson, Latimer, Quinn, Reswlt

9 C.M.A. 323; 9 USCMA 323; 26 C.M.R. 103; 1958 CMA LEXIS 553; 1958 WL 3309

Cases that cite this one

3 later published cases cite this decision.

United States v. Wilson (United States Court of Military Appeals 1961)
United States v. Muckelrath (United States Court of Military Appeals 1960)
United States v. Subia (United States Court of Military Appeals 1960)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Robert E. Quinn, Chief Judge:

On his plea of guilty the accused was convicted of three lengthy unauthorized absences from his organization and two specifications alleging a breach of restriction from the same area. Assuming that the former are embraced within the latter1 the punishment is two years instead of two years and six months. Considering the sentence adjudged and that approved by the intermediate appellate authorities, we are of the opinion that remand of the case for reassessment of the sentence is not justified. United States v Helfrick, 9 USCMA 221, 25 CMR 483.

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

Judges Latimer and Ferguson concur in the reswlt.

United States v Modesett, 9 USCMA 152, 25 CMR 414.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.