Greetings from the road.
On 22 September, CAAF heard oral argument in the case of United States v. Gogue, No. 07-0826/AR. Now the decision in that case is already in the books — or, to be more accurate, on the Web.
There was both a granted issue and a specified issue in Gogue. The granted issue was: “WHETHER, PURSUANT TO 18 U.S.C. § 3585, APPELLANT IS ENTITLED TO CREDIT TOWARD THE CONFINEMENT ADJUDGED BY A COURT-MARTIAL FOR CONFINEMENT AT STATE FACILITIES SERVED FOR CHARGES UNRELATED TO HIS COURT-MARTIAL SENTENCE AND NOT CREDITED AGAINST ANOTHER SENTENCE.” The specified issue was: “WHETHER, UNDER UNITED STATES v. WILSON, 503 U.S. 329 (1992), MILITARY JUDGES LACK THE AUTHORITY TO CALCULATE AND APPLY PRETRIAL CONFINEMENT CREDIT.”
CAAF has already decided the case. On Tuesday, it released a summary disposition providing: “On consideration of the briefs and oral arguments of the parties on the granted issues (66 M.J. 287 (C.A.A.F. 2008)), it appears that the parties now agree that Appellant is entitled to 89 additional days of confinement credit. The Court adopts the position of the parties. Accordingly, it is ordered that the decision of the United States Army Court of Criminal Appeals is set aside, and the record is returned to the Judge Advocate General of the Army for remand to the United States Army Court of Criminal Appeals to provide meaningful relief.” United States v. Gogue, __ M.J. ___, No. 07-0826/AR (C.A.A.F. Oct. 7, 2008) (mem.).