STALEY -- ARMY 20080477

**UNITED STATES ARMY COURT OF CRIMINAL APPEALS**

Before

JOHNSON, BAIME, and BURTON

Appellate Military Judges

**UNITED STATES, Appellee**

**v.**

**Private First Class DANIEL L. STALEY**

**United States Army, Appellant**

ARMY 20080477

Headquarters, Fort Carson 

Debra Boudreau, Military Judge (trial)

Mark Bridges, Military Judge (*DuBay*hearing)

Colonel Michael W. Meier, Staff Judge Advocate

For Appellant:  Colonel Mark Tellitocci, JA; Lieutenant Colonel Matthew M. Miller, JA; Major Bradley M. Voorhees, JA; Major Mark I. Goodman, JA (on brief); Colonel Mark Tellitocci, JA; Lieutenant Colonel Matthew M. Miller, JA; Major Bradley M. Voorhees, JA; Captain Michael E. Korte, JA (reply brief); Lieutenant Colonel Imogene M. Jamison, JA; Lieutenant Colonel Jonathan F. Potter, JA; Captain Barbara Snow-Martone, JA (on brief following *DuBay* hearing).

For Appellee:  Colonel Norman F.J. Allen, III, JA; Lieutenant Colonel Martha L. Foss, JA; Major Lisa L. Gumbs, JA; Captain Christopher B. Witwer, JA (on brief); Major Christopher B. Burgess, JA; Major LaJohnne A. White, JA; Captain Christopher B. Witwer, JA (on brief following *DuBay* hearing).

22 December 2010

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SUMMARY DISPOSITION

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Per Curiam:

A military judge sitting as a general court-martial convicted appellant, in accordance with his pleas, of attempted aggravated assault, absence without leave, disobeying a superior commissioned officer, failure to obey a lawful general regulation, wrongful use of a controlled substance (two specifications), wrongful possession of a controlled substance, sodomy with a female under the age of twelve, and communicating a threat, in violation of Articles 80, 86, 92, 112a, 125, and 134, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. §§ 880, 886, 892, 912a, 925, and 934.  The military judge sentenced appellant to reduction to Private E1, forfeiture of $500.00 pay per month for 216 months, confinement for eighteen years, and a bad-conduct discharge.  The convening authority approved only so much of the sentence as provided for reduction to Private E1, confinement for thirteen years, and a bad-conduct discharge.*

On 9 March 2010, this court returned this case to The Judge Advocate General for remand to a convening authority to permit appellant to litigate a motion to dismiss based on appellant’s right to a speedy trial  *United States v. Staley*, ARMY 20080477 (Army Ct. Crim. App. 9 March 2010) (order) (unpub.)  

On 2 June 2010, the convening authority convened a *DuBay* hearing and the military judge made findings of fact and conclusions of law.  *See United States v. DuBay*, 17 U.S.C.M.A. 147, 37 C.M.R. 411 (1967).  Appellate defense counsel and the government filed additional pleadings in response to the military judge’s findings and conclusions.

On consideration of the entire record, including consideration of the issues personally specified by the appellant, we hold the findings of guilty and the sentence as approved by the convening authority correct in law and fact.  Accordingly, those findings of guilty and the sentence are AFFIRMED.

FOR THE COURT:

MALCOLM H. SQUIRES, JR.

Clerk of Court 

*Appellant correctly notes that the convening authority's Action and the Promulgating Order incorrectly indicate an "adjudged and automatic forfeiture of all pay and allowances."  The adjudged sentence at trial included forfeiture of $500.00 pay per month for 216 months.  Pursuant to a pretrial agreement, the term of confinement was reduced to 13 years.  Appellant was not prejudiced as the adjudged and automatic forfeitures were deferred (and subsequently the automatic forfeitures waived) for the benefit of appellant's wife and her children.

2