## Facts

- Airman Basic Christopher L. Rosato pleaded guilty at a general court-martial to drug-related offenses.
- During sentencing, the government presented commander testimony that Rosato had no rehabilitative potential; the defense presented witnesses stating he did.
- The defense sought to introduce a Judge Advocate General letter recommending an Air Force rehabilitation program and a newspaper article describing that program.
- The military judge excluded the documents as irrelevant collateral consequences of sentencing.
- The military judge also limited Rosato’s unsworn statement: he could say the program existed and that he wanted to enter it, but could not describe what he had been told about the program, its rigor, or his resolve to complete it.
- Rosato was sentenced to a bad-conduct discharge, two years’ confinement, and total forfeitures; confinement beyond 12 months was suspended under a pretrial agreement.
- The service appellate court affirmed; Rosato sought further review challenging the sentencing rulings.

## Issues

1. Whether the military judge improperly restricted the scope of the accused’s unsworn statement during sentencing, including discussion of a rehabilitation program and his intent to participate.
2. Whether information about an Air Force rehabilitation program was properly treated as an irrelevant collateral matter for purposes of sentencing.

## Decision

- The court held that the military judge improperly restricted Rosato’s unsworn statement.
- The court recognized broad latitude for an accused to address rehabilitation-related matters and certain collateral consequences in an unsworn sentencing statement.
- The court distinguished between (a) an accused personally discussing collateral matters in an unsworn statement and (b) admitting independent documentary exhibits on such matters.
- The court granted sentencing relief based on the improper limitation of the unsworn statement.

## Legal Principles

- An accused’s right to make an unsworn statement in sentencing is traditionally broad in courts-martial and should not be narrowly curtailed without strong justification.
- An accused may mention certain collateral consequences and future-oriented considerations (including rehabilitation opportunities) in an unsworn statement.
- Even when collateral matters are mentioned, the military judge may instruct members on their limited legal significance and that such matters are not a proper basis to determine the sentence.
- The admissibility of documentary exhibits about collateral matters may be more limited than the permissible scope of an accused’s allocution.

## Conclusion

The court determined that restricting Rosato’s unsworn sentencing statement about a rehabilitation program and his commitment to it improperly limited his ability to present mitigation and respond to the government’s attack on rehabilitative potential, warranting sentencing relief.


United States v. Rosato, 32 M.J. 93 (C.M.A. 1991)