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United States v. Williams, C.A.A.F. (2001)
United States v. Williams, C.A.A.F. (2001)
Counsel
For Appellant: Captain John N. Maher (argued); Lieutenant Colonel David A.
Mayfield and Major Mary M. McCord (on brief); Captain Arun J. Thomas.
Military Judge:
Linda K. Webster
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On
or allowances.
The convening authority reduced the period of confinement
to 9 years and approved the dishonorable discharge and reduction
in grade to Private E-1.
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I.
On October 26,
In the
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The SJA
The second
All Manual provisions are cited to the current version, which are identical
to the ones in effect at the time of appellant's court-martial.
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B.
Discussion
See RCM
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referral under RCM 604 and 601 are separate and distinct acts
that cannot be merged into a singular act by implication.
We agree that withdrawal and re-referral of charges are
separate acts.
re-referred.
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Any
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II.
POST-TRIAL DELAY
The
Under our
United States v.
Our disposition of
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III.
Factual Background
See RCM
In
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All right.
Thank you.
DC (CPT Robbins):
Yes, ma'am.
Appellant's term of
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As
B.
Discussion
In light
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agreement during the period beyond his ETS, which rendered his
guilty pleas improvident.
Williams involved a pretrial agreement that included a 6month waiver of automatic forfeitures under Article 58b.
During
Both
No one at
trial realized that because the accused was on legal hold beyond
the expiration of his obligated service, his right to pay and
allowances would be terminated immediately upon conviction under
applicable Department of Defense regulations.
On appeal in Williams, the Government conceded that the
plea was improvident as a result of a mutual misunderstanding
among the parties and the military judge as to the legal ability
of the Government to comply with a key provision of the pretrial
agreement.
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In Hardcastle, we
53 MJ at 303.
At the time he
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The agreement
The military
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IV.
DECISION
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