United States v. Johnson

I agree completely with the analysis and conclusions in Part II of the lead opinion concerning the law on officiality of statements and its application in this case. Accordingly, I concur in the actions on findings and the sentence reassessment stated above.

I also agree with Part III of the lead opinion insofar as it finds that there is a potential lesser offense of “false unofficial statement” chargeable under Article 134, UCMJ, but that we may not affirm findings of guilty as to that offense in this case. However, I have arrived at these latter conclusions through a different analytical…