United States v. Duffey

OPINION OF THE COURT

SNYDER, Judge:

When is silence golden, or simply fraud? In this case we find it was fraud.

Tried by a military judge sitting as a general court-martial, appellant was convicted, in accordance with his negotiated pleas, of larceny of over $3800, attempted larceny of over $1700, making a false official statement, and obstructing justice.1 He was sentenced to a bad-conduct discharge, 30 months confinement, forfeiture of $350 pay per month for 30 months, and reduction toE-1. The convening authority limited the reduction to E-2 to comply with the pretrial agreement (PTA), but…