22 M.J. 557 | U.S. Army Court of Military Review | 1986
OPINION OF THE COURT
Citing United States v. Allen, 17 M.J. 126 (C.M.A.1984), appellant contends that the military judge erred in failing to grant him administrative sentence credit for 27 days of pretrial confinement served in a civilian jail.
Appellant was apprehended at the Fort Benning, Georgia, commissary by the military police while using a false military identification card in an attempt to cash a forged check. At the time of his apprehension appellant told the military police that
In United States v. Allen, supra, the United States Court of Military Appeals directed that pretrial confinees must receive credit against any sentence to confinement for time spent in pretrial confinement. The government asserts that Allen should not be applied in the instant case.
The findings of guilty and the sentence are affirmed. Appellant will be given administrative sentence credit for the 27 days he spent in civilian pretrial confinement.
. The government also suggests that Allen credit should be granted for pretrial confinement in a civilian jail only when such confinement is solely to facilitate the needs of military authorities. See United States v. Huelskamp, 21 M.J. 509, 509-10 (A.C.M.R.1985) (pretrial confinement "at the request of and solely to facilitate the administrative needs of military AWOL apprehension authorities”). We do not construe Huelskamp to hold that pretrial credit is necessarily excluded in circumstances other than those encountered therein.
. Department of Defense Instruction 1325.4 (October 7, 1968).