United States v. Bramer

43 M.J. 538, 1995 CCA LEXIS 126, 1995 WL 251900
CourtNavy-Marine Corps Court of Criminal Appeals
DecidedApril 12, 1995
DocketNMCM 94 00826
StatusPublished
Cited by1 cases

This text of 43 M.J. 538 (United States v. Bramer) is published on Counsel Stack Legal Research, covering Navy-Marine Corps Court of Criminal Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bramer, 43 M.J. 538, 1995 CCA LEXIS 126, 1995 WL 251900 (N.M. 1995).

Opinion

REED, Senior Judge:

The appellant was tried by a general court-martial with officer members, on various dates between 28 June 1993 and 22 February 1994. Pursuant to his pleas, he was found guilty of seven conspiracies to commit rob[538]*538bery with a firearm, an unauthorized absence, and eight robberies with a firearm, in violation of Articles 81, 86, and 122 of the Uniform Code of Military Justice [hereinafter “UCMJ” or “the Code”], 10 U.S.C. §§ 881, 886, 922 (1988). He was sentenced to confinement for 3 years, forfeiture of all pay and allowances, reduction to pay grade E-l, and a dishonorable discharge. The convening authority [CA] approved the sentence as adjudged; a pretrial agreement had no affect on the sentence. The CA, citing Article 57(e) of the Code, further ordered that the sentence of confinement not be executed until the appellant’s permanent release by the State of Washington, where the appellant was serving a term of civilian confinement for other offenses.

The appellant has now raised seven assignments of error with this Court.1 We are called upon to decide whether the speedy trial provisions of (1) the Interstate Agreement on Detainers Act [hereinafter “IADA”], 18 U.S.C. app. § 2 (1988), (2) Article 10 of the Code, or (3) Rule for Courts-Martial [R.C.M.] 707, have been violated; whether the appellant received the effective assistance of counsel when counsel did not complain about the deferment of confinement under Article 57(e) of the Code; whether the appellant was denied credit for any pretrial or post-trial confinement he served; and whether the appellant’s guilty plea to an unauthorized absence while he was confined by civilian authorities was provident. Finding no error, we affirm. We will briefly discuss the facts before analyzing the assignments of error. A chronology is attached as an appendix to this opinion to aid in understanding our analysis. No chronology was-agreed upon at trial, and our appendix represents the facts as we find them.

FACTS

The appellant was arrested in October of 1991 by officers of the Mount Vernon Police Department for the robbery of a McDonald’s restaurant in Mount Vernon, Washington. He was held without bail in the Skagit County, Washington, jail pending the disposition of civilian charges. On 2 July 1992, the appellant was sentenced to 57 months in prison by the Superior Court of Washington for robbery in the first degree and for harming a police dog.2

On 9 November 1992, military charges were preferred against the appellant at Naval Air Station, Whidbey Island, Washington. The charges related to a series of armed robberies in British Columbia, Canada, and are substantially the same as the charges upon which the appellant was later tried by this general court-martial. All of these [539]*539charges predated the appeEant’s robbery of the McDonald’s restaurant in Mount Vernon, Washington.

On 10 November 1992, the day after charges were preferred against the appeUant by military authorities, a detainer was filed by the Commanding Officer, Naval Legal Service Office, Puget Sound, with the McNeU Island Corrections Center where the appellant was then incarcerated by the State of Washington. On 24 November 1992, the appellant acknowledged that he had been advised that this detainer had been filed by the U.S. Navy. The appeUant never requested expeditious handhng of the charges preferred against him by the xrdlitary pursuant to the IADA. However, the Government admitted during oral argument that the appeUant had never been advised by prison authorities of his right to request such expeditious handling.

On 9 November 1992, the same day charges were preferred against the appellant, the Government requested a delay in the proceedings from the convening authority until such time as the appellant was returned to military control. Appellate Ex. XIII at 2; see R.C.M. 707(c). The CA granted this request on 17 November 1992. Appellate Ex XIII.

An investigation pursuant to Article 32 of the Code, 10 U.S.C. § 832 [hereinafter “Article 32 Investigation” or “Investigation”] was scheduled to begin on 15 December 1992, but was postponed until January 5, 1993, at the request of the detailed defense counsel. Appellant’s Brief at 6; Appellate Ex. XIII at 3.

On 31 December 1992, the appellant hired civüian counsel to represent him. Article 32 Investigation transcript of 15 January 1993 at 23. On 4 January 1993, civüian counsel asked for a continuance of the Investigation until February. Id. Based on the defense counsel’s request, the Investigation was postponed until 14 January 1993, and then again until 15 January 1993. On that date, the Investigation convened at McNeU Island Corrections Center, but after the Government had presented its case, it was continued until 25 January 1993 at the appeUant’s request. Article 32 Investigating Officer’s Report of 2 Feb. 1993 at 2; Article 32 Investigation transcript at 74-81. Although the Investigation was completed on 25 January, the defense requested that it be reopened. Article 32 Investigating Officer’s Ex 33; Defense Counsel’s ltr of 22 Feb 1993. That request was granted and the reopening scheduled for 12 March 1993 when the defense requested another delay until 29 March. Article 32 Investigating Officer’s Ex. 34, 35. The Investigation was concluded on that date, and charges were referred to trial by a general court-martial on 22 April 1993.

The appeUant was returned to temporary military control by the State of Washington on 11 May 1993 pursuant to the IADA detainer filed by the Navy. On 28 June 1993, the appeUant was arraigned and granted a continuance, at his request, until 17 August 1993. On 4 August 1993, the appellant again requested and was granted a continuance until 27 September 1993. On 23 September 1993, the appeUant requested and received a final continuance until 12 October 1993. On 12 October 1993, the appeUant entered pleas of guüty to the offenses noted above. He was found guilty by the Court on 13 October 1993 and sentenced by members on 22 February 1994.

ANALYSIS

I.

The Interstate Agreement on Detainers Act

In his first assignment of error, the appellant avers he was denied his right to a speedy disposition of the charges pursuant to the IADA. If he is correct, the IADA would require that the military charges and specifications be dismissed. 18 U.S.C. app. § 2, art. IV(e). Dismissal may be with or without prejudice.

The IADA is a compact signed by the United States, 48 of the individual states, the District of Columbia, Puerto Rico, and the Virgin Islands. United States v. Greer, 21 M.J. 338 (C.M.A.), cert, denied, 479 U.S. 823 (1986). It applies to the müitary. Pub.L. No. 91-538, § 5, 84 Stat. 1397, § 5. The purpose of the IADA is to facUitate the orderly disposition of charges and detainers of persons already incarcerated in other juris[540]*540dictions. 18 U.S.C. app. § 2, art. I. Article III of the IADA sets forth a procedure in which a prisoner serving a sentence in one state (the sending state) may request the disposition of untried charges on which a detainer has been filed by another state (the receiving state). Article 111(a) provides in pertinent part:

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Related

United States v. Bramer
45 M.J. 296 (Court of Appeals for the Armed Forces, 1996)

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Bluebook (online)
43 M.J. 538, 1995 CCA LEXIS 126, 1995 WL 251900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bramer-nmcca-1995.