United States v. Craig

48 M.J. 77, 1998 CAAF LEXIS 29
CourtCourt of Appeals for the Armed Forces
DecidedApril 17, 1998
DocketNo. 97-0756; Crim.App. No. 95-1538
StatusPublished
Cited by2 cases

This text of 48 M.J. 77 (United States v. Craig) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Craig, 48 M.J. 77, 1998 CAAF LEXIS 29 (Ark. 1998).

Opinion

Opinion of the Court

GIERKE, Judge:

A military judge sitting as a general court-martial convicted appellant, pursuant to her pleas, of conspiracy to wrongfully distribute marijuana (Charge I and its specification) and wrongfully introducing marijuana onto a military installation with intent to distribute (specification 8 of Charge II), in violation of Articles 81 and 112a, Uniform Code of Military Justice, 10 USC §§ 881 and 912a, respectively. Contrary to her pleas, appellant was convicted of three specifications of wrongfully distributing marijuana, in violation of Article 112a (specifications 1, 2 and 4 of Charge II). The adjudged sentence pro[78]*78vided for a bad-conduct discharge, confinement for 18 months, total forfeitures, and reduction to the lowest enlisted grade. The convening authority approved the sentence but, in accordance with a pretrial agreement, suspended monthly forfeitures in excess of $900.00 for one year. The Court of Criminal Appeals affirmed the findings and sentence in an unpublished opinion.

Our Court granted review of the following issue:

WHETHER THE MILITARY JUDGE ERRED, AS A MATTER OF LAW, WHEN HE ACCEPTED INTO EVIDENCE APPELLANT’S CONFESSIONAL STIPULATION OF FACT.

Appellant argues that the military judge erred in two ways. First, he failed to elicit an adequate factual predicate for appellant’s confessional stipulation. Second, he erroneously advised appellant that her confessional stipulation waived her constitutional rights against self-incrimination, to a trial of the facts, and to confront and cross-examine the witnesses against her. We 'affirm the decision of the court below.

Factual Background

Appellant pleaded guilty to conspiring with Sergeant (Sgt) Abdus-Sabur and Lance Corporal (LCpl) Tanya Robinson to wrongfully distribute marijuana. Her guilty plea was pursuant to a pretrial agreement that included a requirement to enter into a confessional stipulation concerning the three offenses to which she pleaded not guilty. See ROM 705(b)(1), Manual for Courts-Martial, United States (1995 ed.) (pretrial agreement may include agreement to enter into confessional stipulation). In her plea of guilty to conspiracy, appellant admitted numerous overt acts to effect the object of the conspiracy, including the following:

(1) Giving Sgt Abdus-Sabur a $50.00 check to purchase marijuana;

(2) Participating, along with Sgt Abdus-Sabur and LCpl Robinson, in repackaging the marijuana purchased by Sgt Abdus-Sa-bur into 20 “dime bags” for resale; and

(3) Wrongfully distributing the marijuana to three other Marines and one civilian.

After appellant entered her guilty pleas, the military judge advised her of the meaning and effect of a guilty plea in accordance with ROM 910(c). He advised her that, by pleading guilty, she gave up the right against self-incrimination, the right to a trial of the facts, and the right to confront and cross-examine the witnesses against her and to call witnesses on her behalf. He informed her that she kept those rights with regard to the Charges and specifications to which she pleaded not guilty.

A single stipulation of fact was used both to establish the factual predicate for the guilty pleas and to satisfy appellant’s obligation to enter into a confessional stipulation regarding the contested offenses. The military judge advised appellant that she was “in complete control” of whether he accepted the stipulation of fact, and that he would not consider the stipulation unless she wanted him to. He advised appellant that the stipulation “amounts to a confession of the elements” of the offenses to which she had pleaded not guilty. He ascertained that appellant had discussed the stipulation with her counsel and was fully satisfied with their advice. The military judge recited on the record the results of an RCM 802 conference where “it was discussed that part of the difficulty in the ease was that [appellant] might have had some difficulty entering pleas of guilty to offenses that [she] didn’t actually perpetrate, distributions that [she] didn’t actually do.” He explained the concept of vicarious criminal liability, and he advised appellant that the stipulation covered every element of the offenses to which she pleaded not guilty.

The military judge then explained that, by pleading not guilty, appellant had placed the burden on the prosecution to prove its case beyond a reasonable doubt, but that the stipulation would relieve the prosecution of its burden of proof. He reminded appellant that, by pleading not guilty, she retained her constitutional rights against self-incrimination, to a trial of the facts, and to confront and cross-examine the witnesses against her. [79]*79The military judge then advised appellant that, “if you enter into this confessional stipulation of fact, you are going to be giving up those three constitutional rights with regard to Specifications #1, #2 and # 4 under Charge II.”

The military judge next advised appellant of the elements of the offenses to which she had pleaded guilty. He then elicited from appellant the following factual predicate for both the guilty pleas and the confessional stipulation: Appellant was approached by a fellow Marine, LCpl Tanya Robinson, who told appellant that Sgt Abdus-Sabur was selling marijuana and was looking for someone to help him. Appellant did not respond to LCpl Robinson’s solicitation. Then Sgt Abdus-Sabur approached appellant directly, and she agreed to “go into business” with him and LCpl Robinson. Appellant gave Sgt Abdus-Sabur a check for $50.00. He combined appellant’s money with $50.00 of his own and purchased some marijuana. Sgt Abdus-Sabur brought the marijuana to appellant’s home, where he, LCpl Robinson, and appellant divided it into 20 “dime bags” to be sold for $10.00 each. Appellant’s intention was to double her money. These facts were recited in less detail in paragraphs 2-4 of the confessional stipulation. They also correspond to the first two overt acts of the conspiracy set out above.

While they were dividing the marijuana, LCpl Robinson purchased one “dime bag.” This distribution to LCpl Robinson was charged in specification 1 of Charge II and recited in paragraph 5 of the confessional stipulation.

LCpl Robinson took her bag of marijuana into the living room of appellant’s home, where she shared it with Cpl Yolanda Porter, Cpl Cien Carter, and a Marine known only as “Lindsey.” This further distribution of LCpl Robinson’s marijuana was charged in specification 2 of Charge II and recited in paragraphs 6 and 7 of the confessional stipulation.

Later in the evening, Carolyn Johnson, a civilian family member living in base housing, called appellant’s home “four, five, six times” and asked if she could purchase some marijuana. Appellant, accompanied by LCpl Robinson, drove her car to Carolyn Johnson’s quarters. They both went into Carolyn Johnson’s quarters, where LCpl Robinson handed Ms. Johnson a “dime bag” and collected $10.00. Appellant admitted that the sale to Ms. Johnson was “clearly part of the enterprise” that she had agreed to with Sgt Abdus-Sabur.

The transfer to Ms. Johnson was charged in specification 4 of Charge II and recited in paragraph 8 of the confessional stipulation. The distributions to the Marines in her home and Ms. Johnson correspond to the third overt act of the conspiracy set out above.

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50 M.J. 426 (Court of Appeals for the Armed Forces, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
48 M.J. 77, 1998 CAAF LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-craig-armfor-1998.