U.S. v. Williams - U.S. Court of Appeals for the Armed Forces

United States v. Williams, No. 01-0675/NAunauthorized absence terminated when he turned himself in at theGreat Lakes base in Chicago after traveling through Texas.On August 1, 1999, appellant stole $1,500.00 from theWashington Mutual Bank in Everett, Washington. He did so bydepositing a forged check into his checking account using theATM. Over the next few days, he withdrew the funds from hischecking account. He obtained the blank check from SenitriaLarue, whose account at Washington Mutual Bank had been closed.Appellant forged Senitria Larue’s signature on the check andmade it payable to himself in the amount of $1,500.00.Appellant was convicted based on his pleas of guilty.After announcing the sentence, the military judge made thefollowing comment:I would ask the trial counsel to pass to theconvening authority the nature and content of theaccused’s stated desire to have another chance andthat he’s learned his lessons and that the conveningauthority and the chain of command that knows SeamanRecruit Williams take into consideration whether theywant to defer or suspend any portion of this sentencein order to allow him to have a suspended bad-conductdischarge and demonstrate that his stated desire tocontinue his enlistment is something that he can pulloff.I say that in light of the nice testimonials fromtwo pastors and from his mother concerning hisintended desire to do well in the Navy, as well as hisyouth, and realizing that hopefully, if he has learnedfrom this experience and the brig can perform itsrehabilitative function, that Seaman Recruit Williamsmay have an opportunity to fulfill that enlistment.2