Court of Appeals for the Armed Forces

Tuesday, May 12, 2026
Petitions for Grant of Review - Summary Dispositions
 
No. 26-0141/AF. U.S. v. Dietrich A. Smith. CCA 40437. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, we note that the lower court's opinion states: " '[W]hen a plea of guilty is attacked for the first time on appeal, the facts will be viewed in the light most favorable to the [G]overnment.' United States v. Arnold, 40 M.J. 744, 745 (A.F.C.M.R. 1994) (citation omitted)." However, this Court's opinion in United States v. Inabinette, 66 M.J. 320, 322 (C.A.A.F. 2008), articulates the proper standard for reviewing a military judge's decision to accept an accused's guilty plea: "[W]e apply the substantial basis test, looking at whether there is something in the record of trial, with regard to the factual basis or the law, that would raise a substantial question regarding the appellant's guilty plea." We note that the lower court both correctly articulated and applied the Inabinette standard. Therefore, even assuming arguendo that the lower court erred by obliquely referencing the Arnold language quoted above, we find no prejudice. Accordingly, it is ordered that said petition is granted on the following issue:
 
Whether the Air Force Court of Criminal Appeals abused its discretion by analyzing the providence of Appellant's plea using an erroneous "light most favorable to the Government" standard of law.

AFCCA decision.

AFCAA's decision is affirmed.

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