United States v. McCrimmon

60 M.J. 145, 2004 CAAF LEXIS 783, 2004 WL 1779127
CourtCourt of Appeals for the Armed Forces
DecidedAugust 3, 2004
Docket02-0941/AR
StatusPublished
Cited by21 cases

This text of 60 M.J. 145 (United States v. McCrimmon) 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. McCrimmon, 60 M.J. 145, 2004 CAAF LEXIS 783, 2004 WL 1779127 (Ark. 2004).

Opinions

Judge GIERKE

delivered the opinion of the Court.

A military judge sitting as a general court-martial convicted Appellant, pursuant to his pleas, of six specifications of larceny, five specifications of violation of a lawful order, and eight specifications of bribery, in violation of Articles 121, 92, and 134, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. §§ 921, 892, and 934 (2000), respectively. The adjudged and approved sentence [146]*146provides for a bad-conduct discharge, reduction to the lowest enlisted grade, and confinement for 40 months. The Army Court of Criminal Appeals affirmed the findings and sentence in an unpublished opinion. United States v. McCrimmon, A. 20000075 (Army Ct.Crim.App. August 27, 2002).

This Court granted review of the following issue:

WHETHER APPELLANT’S PLEAS OF GUILTY TO BRIBERY AS CHARGED IN SPECIFICATION 7-9 OF CHARGE TV WERE PROVIDENT WHERE APPELLANT’S STATEMENTS DURING THE PROVIDENCY INQUIRY DEMONSTRATED THAT HE DID NOT HAVE THE REQUISITE INTENT TO HAVE HIS ACTIONS INFLUENCED IN EXCHANGE FOR SOMETHING OF VALUE.

For the reasons set forth below, we affirm the decision of the Court of Criminal Appeals.

Factual Background

The charges against Appellant arose from Appellant’s abuse of his position as a drill instructor at Fort Sill, Oklahoma, during the summer and fall of 1998. At the time of his offenses, a Brigade Policy Memorandum prohibited all personnel assigned to the training center from engaging in financial transactions with trainees. Appellant repeatedly violated this order, stole money from his trainees, and engaged in a pattern of requesting and receiving bribes from them.

As a drill instructor, Appellant’s job was to train recruits to become soldiers. In the training program, Appellant tried to instill Army values in the trainees. He initially fostered unit cohesion, individual pride, and personal loyalty both to the unit and to himself. Eventually, Appellant exploited these facets of training for his own financial benefit and manipulated the enlisted leadership of his unit and trainees in a complex web of larceny and bribery offenses.

Appellant’s violations of the Brigade Policy Memorandum and larceny offenses included the following misconduct. Appellant collected $610.00 from trainees to purchase platoon t-shirts, but Appellant never purchased the t-shirts and kept the money. Appellant received approximately $100.00 from 16 trainees in his platoon to have their boots “dipped” to make them look shiny for the inspection. Appellant returned the boots to the trainees, without getting them dipped, and kept the money for himself. Appellant collected approximately $300.00 from his platoon under the pretense of providing a donation to assist the family of one of their members who was hospitalized. Appellant delivered only some of the money to the family in need and kept the remainder of the money for his personal use. Appellant solicited and received nearly $100.00 from his trainees to purchase a cleaner to make their weapons look more presentable for an inspection. Appellant purchased only a small quantity of the cleaner and kept the remaining money. Finally, Appellant solicited money from trainees to assist his mother because her home had been destroyed by fire. Appellant informed the trainees that his mother had no place to stay and that he needed the money to purchase a plane ticket for his mother. The platoon collected $250.00 and gave it to Appellant. Actually, Appellant’s mother was well taken care of by Appellant’s sister and Appellant had no intention of purchasing airfare for his mother, and in fact kept the money for himself. In each of these offenses, Appellant used his subordinates, the platoon enlisted leadership, to collect money from his trainees.

In addition to these larceny offenses, Appellant’s misconduct included another dimension as Appellant committed multiple bribery offenses. Appellant wrongfully asked for and received money from trainees with the intent to influence his decisions and actions regarding his performance of official duties. Appellant asked for and received approximately $100.00 from three trainees to ensure that they would receive a passing score on their Physical Fitness Test (PFT) and would graduate with their class. When one of the trainees actually failed this test, Appellant intervened and passed the trainee, who eventually graduated on time. On another occasion shortly before the trainees graduated, Appellant asked for payments of $60.00 and [147]*147$100.00 from two trainees to grant them unauthorized liberty to spend extra time with their families and girlfriends.

The granted issue in the present case relates to three alleged bribery offenses (specifications 7 through 9 of Charge TV) that have their genesis in a single incident of trainee misconduct. In early November 1998, three trainees in Appellant’s platoon were caught going to the post shoppette without authorization. The first sergeant threatened the trainees with punishment pursuant to Article 15, UCMJ, 10 U.S.C. § 815 (2000). In a conversation with the first sergeant, Appellant learned that the Article 15 punishment was a scare tactic to keep the trainees “on that straight and narrow path until they graduated.” Taking advantage of this situation, Appellant asked each trainee for money in exchange for Appellant protecting them from Article 15 punishment, thereby permitting the trainees to graduate on time. Two of the trainees paid Appellant amounts less than $100.00, and one trainee paid an amount more than $100.00.

Based on these facts, Appellant was charged in specifications 7 through 9 of Charge IV with bribery. Each of these specifications alleged that Appellant “asked” for money from a trainee “with the intent to have his action influenced with respect to an official matter in which the United States was and is interested, to wit: whether or not to recommend Article 15 punishment against [a certain trainee].” In contrast to the three other bribery offenses in specifications 2 through 4 of Charge IV, Appellant was not charged with actually receiving the money for these three bribes. Appellant pleaded guilty to these offenses by exceptions and substitutions—simply excepting greater dollar amounts for the bribe and substituting lesser figures. The focus of our concern is the issue before us relating to the providency of his pleas.

Guilty Plea Developments

The initial portion of the providency inquiry is both simple and straightforward. The main task for the military judge was to address the factual predicate for each of Appellant’s several offenses.

Before accepting Appellant’s guilty pleas, the military judge advised Appellant that he would discuss with him the guilty plea and would not accept it unless Appellant understood its meaning and affect. Appellant indicated he understood the military judge’s instructions.

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Cite This Page — Counsel Stack

Bluebook (online)
60 M.J. 145, 2004 CAAF LEXIS 783, 2004 WL 1779127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mccrimmon-armfor-2004.