Legal Opinion

United States v. Garcia

United States Court of Military Appeals

Decided July 5, 1988No. 43644; CM 16493PublishedCited by 15 opinions

1Opinion of the Court

Opinion of the Court

COOK, Judge:

Tried by special court-martial, military judge alone, the accused was convicted, despite his pleas, of conspiracy to commit larceny, in violation of Article 81, Uniform Code of Military Justice, 10 U.S.C. § 881, and several other offenses.1 The adjudged sentence was approved by the convening authority. One month later, the accused’s only alleged co-conspirator was acquitted of the same conspiracy charge. Upon being advised of that event, the United States Army Court of Military Review, on the basis of our decision in United States v. Nathan, 12 U.S.C.M.A. 398,…

2Cases cited15 opinions

  1. Dunn v. United StatesSupreme Court of the United States · 1932
  2. Standefer v. United StatesSupreme Court of the United States · 1980
  3. Harris v. RiveraSupreme Court of the United States · 1981
  4. Steckler v. United StatesCourt of Appeals for the Second Circuit · 1925
  5. United States v. Alberto Espinosa-CerpaCourt of Appeals for the Fifth Circuit · 1980

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3Cited by15 opinions

  1. United States v. SnipesUnited States Court of Military Appeals · 1984
  2. United States v. AnzaloneCourt of Appeals for the Armed Forces · 1995
  3. United States v. SimoyUnited States Air Force Court of Criminal Appeals · 1996
  4. United States v. ValiguraCourt of Appeals for the Armed Forces · 2000
  5. United States v. TuckU.S. Army Court of Military Review · 1989

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