Legal Opinion · Concurrence

United States v. Czeschin

Court of Appeals for the Armed Forces

Decided March 14, 2002No. 01-0222/CGPublished

1ConcurrenceSullivan, Senior Judge

Appellant, who gave a false, sworn, written statement to criminal investigators after he waived his statutory rights against self-in*350crimination, can be prosecuted for making a false official statement in violation of Article 107, Uniform Code of Military Justice. United States v. Prater, 32 MJ 433, 438 (CMA 1991); see United States v. Solis, 46 MJ 31, 36 (1997) (Sullivan, J., concurring in the result).

One need not speculate on the “drafting history” of the Manual for Courts-Martial to reach this position. In United States v. Prater, supra, this Court clearly stated, “[Statements to military…

2Cases cited7 opinions

  1. United States v. PraterUnited States Court of Military Appeals · 1991
  2. United States v. DorseyUnited States Court of Military Appeals · 1993
  3. United States v. SolisCourt of Appeals for the Armed Forces · 1997
  4. United States v. FrazierUnited States Court of Military Appeals · 1992
  5. United States v. GayUnited States Court of Military Appeals · 1987

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