David J. Von Bergen
Airman First Class U.S. Air Force,
Convicted Sex Offender
Possession Of Child Pornography
Name: David J. Von Bergen
Case: United States v. Von Bergen No. 03-0629/AF
Date Of Appeal: November 17, 2008
Plea: Guilty
Charges: possessing child pornography
Military Branch: U.S. Air Force
Listed In National Sex Offenders Registry? NO
Consistent with his plea, the appellant was found guilty of one specification ofdistribution of child pornography by means of a computer, in violation of Article 134,UCMJ, 10 U.S.C. § 934. Contrary to his plea, he was convicted of one specification ofpossession of child pornography in violation of Article 134, UCMJ
The appellant was first court-martialedon 20 September 2001 when he pled guilty to the charge and both specifications inexchange for the convening authority's promise not to approve a sentence that includedconfinement in excess of 36 months. The pretrial agreement (PTA) also included aprovision whereby the appellant agreed to waive his right to a pretrial hearing underArticle 32, UCMJ.At his first trial, the appellant kept his part of the agreement and pled guilty to thecharge and its two specifications. As noted, one specification was for distribution ofchild pornography over his computer and the other for possession of child pornography.The specification alleging possession of child pornography was charged under Clause 3of Article 134, UCMJ, as a violation of a federal statute; 18 U.S.C. § 2252A(a)(5)(A).He was sentenced to reduction to the grade of E-l, confinement for 28 months, and adishonorable discharge. Because his sentence contained an amount of confinementbelow that specified in the PTA, the convening authority was free to approve the sentenceas adjudged, which he did.
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