66 - US v Cole, US v. Moore, and Article 58a

Send us Fan MailIn this (lengthy) episode we discuss the recent CAAF case of United States v. Cole, where the CAAF set aside the sentence because it was far from clear whether the military judge was punishing A1C Cole for the crime he pled guilty to, or the more serious crime that the military judge described.  We also discuss a second case that also busts a guilty plea.  In United States v. Moore, the NMCCA set aside findings and sentence based on evidence the government put on in sentencing that cast significant doubt as to the providence of Sergeant Moore's plea of guilty.  Finally, we hear from Lt Col Allen Abrams who discusses the impacts (or lack thereof) of Article 58a, UCMJ, which allows for automatic reduction to E-1 upon imposition of a sentence that includes confinement, hard labor without confinement, or a punitive discharge.  As a matter of policy, the Air Force has never opted in to Article 58a but recent changes to the wording of the statute has muddied the water a bit.  Allen provides some arguments for defense counsel wrestling with the issue.