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.).

2 Responses to “CAAF already decides a case argued this term”

  1. Anonymous says:

    On the same day as Gogue was granted it appears that CAAF specified a similar issue. Does anyone know the status of this case? It doesn’t appear to be scheduled for arugment yet.

    No. 07-0856/AR. U.S. v. Dustin A. OWENS. CCA 20070264. Review granted on the following issue specified by the Court:

    WHETHER, UNDER 18 U.S.C. § 3585, APPELLANT IS ENTITLED TO CONFINEMENT CREDIT FOR A PERIOD OF INCARCERATION THAT HE SERVED IN A STATE FACILITY FOR A STATE OFFENSE UNRELATED TO THE COURT-MARTIAL.

  2. Anonymous says:

    No word on OWENS yet. Hope to hear back soon.