Rule 15.2, no response filed. 3 December 2009 SUMMARY DISPOSITION, Per Curiam: A military judge sitting as a general court-martial convicted, appellant, pursuant to his pleas, of two specifications of indecent, liberties with a child, [1] one specification of sodomy with a child, three, specifications of indecent acts with a child, one specification of sexual, exploitation of a child, and one specification of possession of child, pornography in violation of Articles 120, 125, and 134,...
The new SJAR, unlike the, first SJAR which was consistent with former practice, merely referenced the, incorrect DA 4430 and did not separately list the findings and sentence., Compare R.C.M. 1106, Manual for Courts-Martial [hereinafter MCM] (2005), (required contents include the findings and sentence adjudged by the court-, martial) with R.C.M. 1106, MCM (2008) (contents required are a copy of the, report of result of trial, the summary of the pretrial agreement, any, clemency recommendation...
For Appellee: Lieutenant Colonel Francis C. Kiley. 24 November 2009 SUMMARY DISPOSITION, Per Curiam: A military judge sitting as a special court-martial convicted, appellant, pursuant to his pleas, of absence without leave and missing, movement, in violation of Articles 86 and 87, Uniform Code of Military, Justice [hereinafter UCMJ], 10 U.S.C.
In Specification 1 of Charge I, the Government charged appellant with, possession of child pornography, in violation of Article 134, UCMJ. Reassessing the sentence on the basis of the, modified findings and the entire record, and applying the principles of, United States v. Sales, 22 M.J.
For Appellee: Colonel Norman F.J. Allen III, JA; Lieutenant Colonel Martha, L. Foss, JA; Major Christopher B. Burgess, JA (on brief). 9 December 2009 SUMMARY DISPOSITION, Per Curiam: A military judge sitting as a special court-martial convicted, appellant, pursuant to his plea, of desertion, in violation of Article 85 Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C.
16 April 2009 SUMMARY DISPOSITION AND ACTION ON APPEAL, BY THE UNITED STATES FILED PURSUANT TO, ARTICLE 62, UNIFORM CODE OF MILITARY JUSTICE, Per Curiam:, The government appealed the military judges decision pursuant to Article, 62(a)(1)(A), Uniform Code of Military Justice, 10 U.S.C.United States, 523 U.S. 155, 164-66 (1998)., Further, we find the state statute does not interfere with a federal, policy, does not effectively rewrite a carefully considered federal law and there is no federal...
For Respondent: Captain Alison L. Gregoire, JA (argued); Lieutenant, Colonel Mark Tellitocci, JA; Major Grace M. Gallagher, JA; Captain Alison, L. Gregoire, JA (on brief). 9 January 2009 SUMMARY DISPOSITION ON, PETITION FOR EXTRAORDINARY RELIEF, Per Curiam: This matter is before us as a result of a petition for extraordinary, relief filed by the United States pursuant to the All Writs Act, 28 U.S.C., § 1651(a) (2000).
When no matters, other than the letter drafted by, appellant, were received by that deadline, the staff judge advocate took, appellants case to the convening authority for action the very next day., While we do not condone defense counsels failure to comply with the time, limits set for submission of clemency matters, the staff judge advocate was, on notice that additional matters were being prepared for submission and, should have done more to ensure appellants clemency matters were received,...
19 October 2009 SUMMARY DISPOSITION, Per Curiam: An enlisted panel sitting as a general court-martial convicted, appellant, contrary to his pleas, of attempted indecent assault, assault, consummated by battery (two specifications)[1], indecent language (four, specifications), and indecent assault (four specifications), in violation, of Articles 80, 128, and 134, Uniform Code of Military Justice, 10 U.S.C., §§ 880, 928, and 934.
GOODWIN, United States Army, Appellant ARMY 20080816 Headquarters, I Corps and Fort Lewis, John Head, Military Judge, Colonel Jeffrey C. McKitrick, Staff Judge Advocate For Appellant: Major Grace M. Gallagher, JA; Captain Jess B. Roberts, JA, (on brief) For Appellee: Pursuant to A.C.C.A Rule 15.2, no response filed. 21 April 2009 SUMMARY DISPOSITION, Per Curiam: On 5 September 2008, a military judge convicted appellant, pursuant to, his pleas, of making a false official statement and...
HOWARD, United States Army, Appellant ARMY 20080807 3rd Infantry Division and Fort Stewart, Kirsten Brunson, Military Judge, Colonel Jonathan C. Guden, Staff Judge Advocate For Appellant: Colonel Mark Tellitocci, JA; Lieutenant Colonel Matthew M., Miller, JA; Major Grace Gallagher, JA; Captain Elizabeth Turner, JA (on, brief).
UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before, SULLIVAN, COOK, and BAIME, Appellate Military Judges UNITED STATES, Appellee, v., Sergeant TIMOTHY S. REFFNER, United States Army, Appellant ARMY 20080781 Headquarters, United States Army Maneuver Support Center and Fort Leonard, Wood, Charles Hayes, Military Judge, Colonel Steven E. Walburn, Staff Judge Advocate For Appellant: Major Grace M. Gallagher, JA; Major Julie Caruso Haines, JA, (on brief).
Appellant, a drill sergeant, was charged, inter alia, with two, instances of aggravated sexual assault on a soldier-in-training, in, violation of Article 120, UCMJ (Specifications 1 and 2 of Charge II)., Specification 1 of Charge II alleged appellant caused the victim, Private, (PVT) MG, to engage in a sexual act, i.e., penetration of her genital, opening with appellants finger, by causing bodily harm in the form of, bruises on her arm.
Captain H further stated he advised appellant regarding: the full spectrum of [options] including . . . requesting, disapproval of the adjudged bad conduct discharge [and], requesting a reduction in confinement time . . . . I, discussed with appellant the pros and cons of making, an either/or request and how that kind of request could be, received by the convening authority.
UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before, TOZZI, CONN, and HAM, Appellate Military Judges UNITED STATES, Appellant, v., Sergeant DARYL L. BRYANT, United States Army, Appellee ARMY 20080619 Headquarters, I Corps and Fort Lewis, John M. Head, Military Judge, Colonel James Kevin Lovejoy, Staff Judge Advocate (pretrial), Colonel Jeffrey C. McKitrick, Staff Judge Advocate (post-trial) For Appellant: Lieutenant Colonel Mark Tellitocci, JA; Lieutenant Colonel, Matthew M.
30 April 2009 SUMMARY DISPOSITION, Per Curiam: A military judge sitting as a special court-martial convicted, appellant, pursuant to his pleas, of possession of marijuana with the, intent to distribute in violation of Article 112a, Uniform Code of Military, Justice, 10 U.S.C.The military judge sentenced, appellant, inter alia, to confinement for two months and awarded appellant, with sixty-five (65) days of pretrial confinement credit and five (5), additional days confinement credit in...
In order to find the accused guilty, of this offense, you must be convinced by legal and competent, evidence beyond a reasonable doubt: That on divers occasions, between on or about 1 January 2008 and, on or about 29 February 2008 at or near Fort Bliss, Texas, the, accused, distributed some amount, more or less of, methylenedioxymethamphetamine (Ecstasy), a Schedule I controlled, substance [emphasis added]; That the accused actually knew he distributed the substance; That the accused knew...
UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before, GALLUP, TOZZI, and JOHNSON, Appellate Military Judges UNITED STATES, Appellee, v., Sergeant JEREMY S. TERRY, United States Army, Appellant ARMY 20080470 Headquarters, Joint Readiness Training Center and Fort Polk, Victor L. Horton, Military Judge, Colonel James D. Key, Staff Judge Advocate For Appellant: Major Grace M. Gallagher, JA; Captain Candace N.
Nance, Military Judge, Colonel Randy T. Kirkvold, Staff Judge Advocate (pretrial), Lieutenant Colonel Newt Hill, Acting Staff Judge Advocate (recommendation), Colonel Michael J. Benjamin, Staff Judge Advocate (addendum) For Appellant: Lieutenant Colonel Mark Tellitocci, JA; Lieutenant Colonel, Matthew M.On consideration of the entire record, including those matters, personally submitted by appellant, we hold the findings of guilty and the, remaining sentence as approved by the convening...
Root, JA; Captain Sarah J. Rykowski, JA, (on brief). 29 September 2009 SUMMARY DISPOSITION, Per Curiam: On 14 May 2008, a military judge sitting as a special-court martial, convicted appellant, pursuant to his pleas, of assault consummated by a, battery upon a child under 16 years of age, in violation of Article 128 Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C.
