On Thursday, CAAF affirmed the findings and sentence in Holsey, No. 12-0957/AR, by summary disposition.

Holsey was orally argued on 22 January (Zack’s oral argument preview here).  CAAF held that even if the military judge abused his discretion by rejecting the accused’s guilty plea to unauthorized absence, the error was harmless.  CAAF explained:

Even if the military judge had accepted Appellant’s guilty plea to unauthorized absence, the Government charged, was prepared to move forward on, and did in fact prove the greater offense of desertion.  Furthermore, Appellant’s attempt to plead guilty to unauthorized absence, his cooperation with the Government in returning to his unit, and his acceptance of responsibility were all matters in mitigation before the military judge for  sentencing purposes.

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