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Legal Opinion

United States v. Johnson

U.S. Navy-Marine Corps Court of Military Review

Decided November 23, 1993No. NMCM 92 2538PublishedCited by 8 opinions

1Opinion of the Court

DeCICCO, Judge:

TMs case concerns whether appellant providently pleaded guilty to stealing Basic Allowance for Quarters (BAQ) and Variable Housing Allowance (VHA) where he was initially entitled to these allowances, then lost his entitlement, and simply remamed silent about the change m his status with the mtent to permanently keep the allowances to which he was not entitled. We hold that such pleas are provident under a theory of wrongful obtaming by false pretenses where an accused (1) admits he has a legal duty to correct a previous representation by notifying appropriate authorities; (2)…

2Cases cited12 opinions

  1. United States v. SalesUnited States Court of Military Appeals · 1986
  2. United States v. CareUnited States Court of Military Appeals · 1969
  3. United States v. PeoplesUnited States Court of Military Appeals · 1990
  4. United States v. WeissUnited States Court of Military Appeals · 1992
  5. United States v. GrafUnited States Court of Military Appeals · 1992

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. United States v. QuirozNavy-Marine Corps Court of Criminal Appeals · 2000
  2. United States v. LeprestiNavy-Marine Corps Court of Criminal Appeals · 1999
  3. United States v. CaverNavy-Marine Corps Court of Criminal Appeals · 1994
  4. United States v. JoyceNavy-Marine Corps Court of Criminal Appeals · 1999
  5. United States v. PerkinsArmy Court of Criminal Appeals · 2001

3 more not listed; retrieve them via the Exa API.

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