Andrew W. Smead - U.S. Marine Corps - Convicted Sex Offender

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Name: Andrew W. Smead

Case: U.S. v. Smead No. NMCCA 200201020

Date Of Conviction: August 31, 2004

Plea: Guilty

Charges: Indecent Act On A Minor Child

Military Branch: U.S. Marine Corps

Listed In National Sex Offenders Registry? NO

A military judge, sitting as a general court-martial, convicted the appellant, pursuant to his pleas, of four specifications involving the viewing, receipt, and downloading of child pornography over the Internet; and an indecent act on a child under 16 years of age, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934.

The appellant was sentenced to a dishonorable discharge, confinement for 24 years, and reduction to pay grade E-1. Pursuant to a pretrial agreement (PTA), the convening authority (CA) approved the sentence as adjudged, but suspended all confinement over 12 years and deferred and waived the automatic forfeiture of pay and allowances. The automatic reduction went into effect 14 days after sentencing.

In a post-trial affidavit, now attached to the record, the appellant asserts that he was transferred in confinement to Miramar on 23 August 2002, about 8 months after trial and 5 months after the CA’s action. At the MCAS Miramar Brig, the appellant completed a 6-week education class required for all prisoners convicted of sexual offenses.

He was slated to begin the 2-year sexual offender rehabilitation program in January 2003, but was instead transferred in confinement during December 2002 to the U.S. Disciplinary Barracks (DB) at Fort Leavenworth, Kansas. The Government has not disputed the relevant facts asserted by the appellant. Instead, the Government argues that the appellant received the benefit of his bargain by being transferred to the MCAS Miramar Brig after trial.