United States v. Green

I agree for the most part with the lead opinion by the Chief Judge, but I decide the first assignment of error without reaching the issue of unavailability within the meaning of Military Rule of Evidence (MRE) 804(a)(5).1

THE PRETRIAL AGREEMENT

Appellant was originally charged with the wrongful use of cocaine in violation of Article 112a, UCMJ. As part of the pretrial agreement, “[t]he government agree[d] to not go forward on all not guilty pleas.” AE VI at p. 5. Following the judge’s acceptance of appellant’s pleas, the government withdrew the drug-use charge, as well as the other charges to…