United States v. Williams

I concur with reversing this conviction based solely on appellate government counsel’s concession. Presumably, the Government prefers to have the findings of guilt set aside and to shoulder the expense of a rehearing rather than to fashion a remedy to provide appellant the benefit of his plea bargain. See United States v. Mitchell, 50 MJ 79, 82-83 (1999); United States v. Olson, 25 MJ 293, 299 (CMA 1987). Cf. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971). Government counsel’s capitulation despite the Court of Criminal Appeal’s findings, a shared belief that United…