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An Unofficial Site
Of United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
John A. Halsema
Captain U. S. Navy
Convicted Sex Offender
Possession Of Child Pornography
Name: John A. Halsema
Case: United States v. Halsema No. NMCCA 200001337
Date Of Convicted: August 16, 1999
Plea: Guilty
Charges: possessing child pornography
Military Branch: U.S. Navy
Listed In National Sex Offenders Registry? No
The appellant pled guilty to offenses that occurred in 1997. The appeal was decided November 30, 2006. A military judge, sitting as a general court-martial, convicted the appellant, pursuant to his pleas, of two specifications of attempted communication of indecent language to a child under the age of 16; two specifications of violating a lawful general regulation, by using government communication systems and equipment to communicate indecent language, and by using government communication systems and equipment to receive and view child pornography; one specification of communicating indecent language; two specifications of distributing child pornography; and one specification of possession of child pornography, in violation of Articles 80, 92, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 880, 892, and 934.
The appellant was sentenced to confinement for eight months, a letter of reprimand, and dismissal from the naval service. The convening authority approved the adjudged sentence, but suspended that part of the sentence extending to dismissal and to confinement in excess of five months for a period of one year from the date of sentencing, in accordance with a pretrial agreement.
The appellant now claims the findings of guilty should be set aside because he lacked mental responsibility for his actions; that his pleas to Specifications 2, 3 and 4 of Charge III, which allege violations of 18 U.S.C. § 2252A, were improvident because they failed to establish a factual basis that the images he possessed were of actual minors; and that his guilty plea to knowing possession of images of child pornography was improvident, as he informed the military judge that he had no recollection of possessing the images.
We have carefully considered the record of trial, the appellant’s assignments of error, the Government’s response, the appellant’s reply to the Government’s response, and the pleadings related to the appellant’s motion for summary disposition. We conclude that the findings must be modified and the sentence reassessed. Following our corrective action, we conclude that the findings and sentence are correct in law and fact and that no error remains that is materially prejudicial to the substantial rights of the appellant. In light of our setting aside the findings with regard to the specifications of possession and distribution of child pornography, and our affirming a lesser included offense of the specification of violating a lawful general regulation by using government communications systems and equipment to view child pornography, we find that the sentence received by the appellant would have been lighter had he not been convicted of these offenses as they were originally charged. In reassessing the sentence, we have carefully considered the record of trial, the appellant’s statements during the providence inquiry, and those portions of the stipulation of fact and its appendices that pertain to the remaining findings of guilty. We also carefully considered all evidence presented in aggravation, as well as extenuation and mitigation, of the offenses of which the appellant now stands guilty. Accordingly, we affirm only so much of the sentence as extends to confinement for five months, a letter of reprimand, and dismissal from the naval service, concluding beyond a reasonable doubt that no less of a sentence would have been imposed at the trial level if the errors had not occurred.
December 17, 2007: No. 07-0253/NA. U.S. v. John A. HALSEMA. CCA 2000137. On consideration of the petition for grant of review of the decision by the United States Navy-Marine Corps Court of Criminal Appeals, said petition is hereby granted, and the case is remanded to the Court of Criminal Appeals for consideration of assigned issue II. Following the conclusion of this matter, the record will be returned directly to this Court for further proceedings.
October 8, 2009: No. 07-0253/NA. U.S. v. John A. HALSEMA. CCA 20001337. Appellee's motion to stay proceedings granted. Further action in this case is stayed for another period not to exceed ninety days. The Government shall immediately notify the Court and appellate defense counsel of any decision regarding appellate defense counsel’s SCI clearance and access.
February 18, 2011: No. 07-0253/NA. U.S. v. John A. HALSEMA. CCA 20001337. Appellee's motion to stay proceedings granted, up to and including April 6, 2010.
April 13, 2011: No. 07-0253/NA. U.S. v. John A. HALSEMA. CCA 20001337. Appellee's motion to correct errata granted.
May 5, 2011: No. 07-0253/NA. U.S. v. John A. HALSEMA. CCA 20001337. Appellant's motion to withdraw the petition for grant of review granted. The Hearing Notice issued February 14, 2011, is hereby vacated.
