United States v. Ciulla

Opinion of the Court

COX, Judge:

Appellant challenges the propriety of the military judge’s receipt of certain presentencing evidence in this judge-alone trial.1

Appellant pleaded guilty’to committing sodomy and indecent acts upon his natural daughter, in violation of Articles 125 and 134, Uniform Code of Military Justice, 10 USC §§ 925 and 934, respectively. The charged conduct to which appellant judicially confessed — staggering in both quantum and degree — occurred while the child was between the ages of 10 and 13.2 Upon a detailed providence inquiry, the military judge accepted appellant’s…