United States v. Allende

66 M.J. 142 (2008)

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United States v. Allende

United States Court of Appeals for the Armed Forces
66 M.J. 142 (2008)

Facts

Gilbert T. Allende (defendant) was tried by general court-martial and convicted of larceny and other offenses. Allende’s sentence included a bad-conduct discharge and confinement for one year. Seven years elapsed between the adjournment of Allende’s court-martial and the completion of the Article 66 review of his case, the automatic review of courts-martial resulting in certain sentences. The United States Navy-Marine Corps Court of Criminal Appeals affirmed Allende’s conviction. The Department of Defense did not issue certificates of release from active duty until appellate review was completed. Therefore, Allende was unable to obtain a certificate of release for seven years after the adjournment of his court-martial. Allende appealed the judgment of the Court of Criminal Appeals, arguing that his due-process right to a speedy posttrial review had been violated and that he had suffered prejudice because, without a certificate of release, he was unable to find civilian employment. In support of his appeal, Allende submitted an affidavit in which he asserted that six employers had refused to consider him for positions while the Article 66 review of his case was pending. Allende did not submit any documentation from the employers to demonstrate that their refusal to hire him was caused by his lack of a certificate of release.

Rule of Law

Issue

Holding and Reasoning (Effron, C.J.)

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