Navy Times reports the NMCCA decision in United States v. Saugen. “Ensign Joseph P. Saugen, 26, remains in San Diego’s Naval Consolidated Brig Miramar serving a three-year sentence after pleading guilty to two specifications of possessing child pornography and another for distributing the illicit videos.”
In Saugen, the Appellant executed a pretrial agreement. One of the standard terms in that agreement was,
to waive all motions except those that are otherwise nonwaivable pursuant to [RULE FOR COURTS-MARTIAL] 705(c)(1)(B). I have not been compelled to waive my right to due process, the right to challenge the jurisdiction of the court-martial, the right to a speedy trial, the right to raise the issue of unlawful command influence, or any other motion that cannot be waived. I have no motions to bring and I am not aware of any motion that was waived pursuant to this provision.