An Army Soldier deserted his unit after being accused of possession of child pornography. Because the desertion happened prior to the arraignment, the case could not proceed while the service member was in an AWOL status. Six years after his initial desertion, he was picked up by law enforcement. The command placed in pre-trial confinement charged him at a general court martial with Article 85, UCMJ (desertion – 6 years) and Article 134, UCMJ (possessing and viewing child pornography).
Our office negotiated a plea deal with confinement capped at 24 months. At trial, the Soldier was awarded four and a half months of Allen credit and sentenced to 18 months confinement, reduction to E1, full forfeitures, and DD.
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