United States v. Staff Sergeant ANTONIO T. MOORE
ARMY 20150007
| A.C.C.A. | Jan 31, 2017Background
- Appellant SSgt. Antonio T. Moore pleaded guilty at a general court-martial to one false official statement and three specifications of incest based on sexual conduct with his step-daughter.
- Convening authority approved sentence: bad-conduct discharge, two years confinement, reduction to E-1.
- Charges at issue were preferred after additional incriminating video evidence was discovered on appellant’s cellphone and tablet following earlier investigatory activity.
- Appellant was tried separately on these charges because he did not consent to joinder with earlier-referred charges.
- Defense moved to dismiss for unreasonable multiplication of charges and for speedy-trial violations; the military judge denied both motions.
- Appellant pleaded guilty and later appealed, arguing the judge erred on the two pretrial motions and submitted matters under United States v. Grostefon.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unreasonable multiplication of charges | Charges were improperly multiplied and should be dismissed | Waiver by unconditional guilty plea; R.C.M. 705(c)(1)(B) does not protect this right | Waived by guilty plea; no relief granted |
| Speedy trial (Article 10) | Delay and pretrial confinement violated speedy-trial rights; dismissal warranted | Government acted with reasonable diligence once decisive evidence was found; no prejudice shown | No speedy-trial violation; government reasonably diligent |
| Grostefon submissions / other post-trial claims | Appellant’s personally submitted matters raised additional error | Government: submissions lack merit | Court considered submissions; they lack merit; no relief |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (establishes four-factor speedy-trial balancing test)
- United States v. Schweitzer, 68 M.J. 133 (C.A.A.F. 2009) (guilty plea generally waives non-jurisdictional defects)
- United States v. Gladue, 67 M.J. 311 (C.A.A.F. 2009) (unreasonable multiplication of charges not a preserved right in plea agreements)
- United States v. Mizgala, 61 M.J. 122 (C.A.A.F. 2005) (Article 10 claims not waived by plea if asserted at trial)
- United States v. Cooley, 75 M.J. 247 (C.A.A.F. 2016) (speedy-trial issues reviewed de novo; government’s diligence standard)