On consideration of the entire record, including consideration of the, issues personally specified by the appellant, the court affirms only so, much of the finding of guilty for the Specification of the Charge I as, finds that appellant did, at or near Camp Taji, Iraq, on or about 21, November 2007, wrongfully and knowingly possess images of child, pornography, such conduct being of a nature to bring discredit upon the, armed forces, in violation of Article 134, UCMJ.
Furthermore, because the transportation of child pornography in, interstate or foreign commerce is not an element of receipt and, distribution of child pornography under Clause 1 or Clause 2 of Article, 134, UCMJ, [1] the military judge provided an incorrect definition of the, term foreign commerce, [2] and appellant could not articulate how the, child pornography he received and distributed was transported in either, interstate or foreign commerce, we amend the remaining specification of,...
24 September 2008 SUMMARY DISPOSITION, Per Curiam: A military judge sitting as a general court-martial convicted, appellant, pursuant to his pleas, of dereliction of duty, wrongful use of, Diazepam, a Schedule IV controlled substance, wrongful distribution of, Diazepam, a Schedule IV controlled substance, wrongful possession of, Diazepam, a Schedule IV controlled substance, and larceny of military, property of a value over $500.00, in violation of Articles 92, 112a, and, 121 of the Uniform...
Rule 15.2, no response filed. 20 November 2008 SUMMARY DISPOSTION, Per Curiam: A military judge sitting as a general court-martial convicted, appellant, in accordance with his pleas, of absence without leave, wrongful, use of methamphetamine (three specifications) and cocaine, and making, checks without sufficient funds (three specifications), in violation of, Articles 86, 112a and 123a, Uniform Code of Military Justice [hereinafter, UCMJ], 10 U.S.C.
For Appellee: Lieutenant Colonel Francis C. Kiley, JA; Lieutenant Colonel, Paul T. Cygnarowicz, JA (on brief). 29 August 2008 SUMMARY DISPOSITION, Per Curiam: Appellant was convicted by a military judge sitting as a special, court-marital empowered to adjudge a bad-conduct discharge, pursuant to his, pleas, of drunken operation of a motor vehicle, wrongful use of marijuana, (two specifications), larceny of military property of a value more than, $500.00, and adultery, in violation of Uniform...
POLAN, United States Army, Appellant ARMY 20080024 Headquarters, Fort Drum, David L. Conn, Military Judge, Lieutenant Colonel Michael P. Ryan, Staff Judge Advocate, Lieutenant Colonel Michelle L. Ryan, Staff Judge Advocate (post-trial, addendum) For Appellant: Major Teresa L. Raymond, JA; Captain Alison L. Gregoire JA.See Manual for Courts-Martial, United States, (2005 ed.) Part IV, para 10.c.(10)(d) and (e); see also United States v. Lanphear, 23, C.M.A. 338, 340, 49 C.M.R. 742, 744 (1975)...
Appellant was charged with violating a lawful general order by, wrongfully possessing pornography (Specification of Charge I), and, wrongfully viewing or possessing images of children under the age of 18, engaging in sexual acts (Specification of Charge II), [1] between on or, about 1 August 2006 and 21 April 2007 at Camp Arifjan, Kuwait, in violation, of Articles 92 and 134, UCMJ, respectively.
Accordingly, the court affirms only so much of the, finding of guilty of Specification 1 of Charge IV, in violation of Article, 128, UCMJ, as provides: In that Private First Class Keith T. Royal, Jr., U.S. Army, did at or near Fort Carson, Colorado, on or about 14 October 2006 unlawfully commit an assault upon Mrs. M.M.H. by dragging her up, the stairs, pushing her down on the ground, slapping the left, side of her head, slapping her face and head, and punching her, in the arm.
5-, 32a (16 Nov. 2005) (requiring a convening authority to show in [the], initial action all credits against a sentence to confinement . . ., regardless of the source of the credit . . . or for any . . . reason, specified by the judge); United States v. Delvalle, 55 M.J. 648, 649 n.1 656 (Army Ct.
UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before, GALLUP, TOZZI, and JOHNSON, Appellate Military Judges UNITED STATES, Appellee, v., Private E1 JAVOHN C.SMITH, United States Army, Appellant ARMY 20071151 Headquarters, U.S. Army Training Center and Fort Jackson, Edye Moran, Military Judge, Colonel Gregory B. Coe, Staff Judge Advocate For Appellant: Major Teresa L. Raymond, JA; Captain Michael E. Korte, JA.All rights privileges, and property, of which, appellant has been deprived by...
UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before, HOLDEN, HOFFMAN, and SULLIVAN, Appellate Military Judges UNITED STATES, Appellee, v., Specialist JASON L. HINSON, United States Army, Appellant ARMY 20071140 Headquarters, Fort Carson, Debra Boudreau, Military Judge, Colonel Michael W. Meier, Staff Judge Advocate For Appellant: Colonel Christopher J. OBrien, JA; Lieutenant Colonel, Steven C. Henricks, JA; Major Teresa L. Raymond, JA; Captain Nathan J., Bankson, JA (on brief); Lieutenant...
For Appellee: Major Elizabeth G. Marotta, JA; Captain Michael C. Friess JA; Captain James T. Dehn, JA (on brief). 26 June 2008 SUMMARY DISPOSITION, Per Curiam: Appellant asserts, inter alia, he is entitled to a new staff judge, advocates (SJA) post-trial recommendation (SJAR) and action because his, trial defense counsel failed to request the convening authority defer and, waive automatic forfeitures, consistent with the military judges clemency, recommendation.
UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before, GALLUP, CHIARELLA, and MAGGS, Appellate Military Judges UNITED STATES, Appellee, v., Private E2 ADRIAN W. ANDREWS, United States Army, Appellant ARMY 20071043 U.S. Army Intelligence Center and Fort Huachuca, Jeffrey Nance, Military Judge, Colonel Everett Maynard, Jr., Staff Judge Advocate For Appellant: Colonel Christopher J. OBrien, JA; Lieutenant Colonel, Steven C. Henricks, JA; Captain Nathan J. Bankson, JA (on brief).
SQUIRES, JR., Clerk of Court, [1] Government appellate counsel agree that the appellant suffered twenty-, eight days of illegal post-trial confinement from 6 November through 4, December 2007, and that financial remuneration is the appropriate remedy., However, government appellate counsel argue that because the appellant, received full pay and allowances from 6 November to 20 November 2007, due, to the convening authority deferring automatic forfeitures, appellant, should only receive fourteen...
For Appellee: Lieutenant Colonel Francis C. Kiley, JA. 30 September 2008 SUMMARY DISPOSITION, Per Curiam: Contrary to her pleas, appellant was convicted at a special court-, martial empowered to adjudge a bad-conduct discharge, by officer and, enlisted members, of absence without leave, missing movement, disrespect, toward a superior commissioned officer, and insubordinate conduct toward a, non-commissioned officer (nine specifications), in violation of Uniform, Code of Military Justice [...
Lind, JA; Lieutenant Colonel Mark H., Sydenham, JA; Captain Philip M. Staten, JA; Captain Stephanie R. Cooper, JA, (on brief). 26 November 2008 SUMMARY DISPOSITION, Per Curiam: A military judge sitting as a special court-martial empowered to, adjudge a bad-conduct discharge convicted appellant, consistent with his, pleas, of absence without leave (two specifications), failure to obey an, order, and assault consummated by a battery, in violation of Articles 86 92, and 128, Uniform Code of...
[I]f, the court can determine to its satisfaction that, absent any error, the, sentence adjudged would have been of at least a certain severity, [then] a, sentence of that severity or less will be free of the prejudicial effects, of error . . . . United States v. Moffeit, 63 M.J. 40, 41 (C.A.A.F. 2006), (quotation marks and citation omitted); see also United States v. Sales, 22, M.J. 305, 307 (C.M.A.
ยง 866, we agree with appellant that the military judge, abused her discretion in accepting his plea of guilty to Specification 3 of, Charge I, failure to go to a 0615 accountability formation, when appellant, indicated during the providence inquiry he was not aware of the 0615 time, of the morning formation.
UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before, HOLDEN, HOFFMAN, and SULLIVAN, Appellate Military Judges UNITED STATES, Appellee, v., Private E1 MATTHEW R.WATTS, United States Army, Appellant ARMY 20070508 Headquarters, Fort Hood, Alan L. Cook, Military Judge For Appellant: Lieutenant Colonel William E. Cassara, JA; Major William F., Fischbach III, JA.31 March 2008 SUMMARY DECISION, Per Curiam: Upon review of this case, submitted on the merits for consideration, under Article 66,...
Specification 2, of Charge IV alleges appellant committed a violation of Article 107, UCMJ, by fraudulently signing a company sign-in roster for all times at 1135, hours .
