John D Washburne Electronics Technician Second Class (E-5), U.S. Navy Convicted Sex Offender Possession Of Child Pornography

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Name: John D. Washburne

Case: United States v. Washburne NMCCA 200300123

Decided 9 April 2004

Sentence adjudged 22 February

Plea: Guilty

Charges: possessing child pornography

Military Branch: U.S. Navy

Listed In National Sex Offenders Registry? NO

The appellant was tried by a general court-martial composed of a military judge, sitting alone. Pursuant to his pleas, the appellant was convicted of: (1) two specifications of knowingly possessing child pornography; and, (2) two specifications of knowingly distributing child pornography, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934, and 18 U.S.C. § 2252A.

The appellant was sentenced to confinement for 85 days, reduction to pay grade E-2, forfeiture of $300.00 pay per month for 3 months, and a bad-conduct discharge. The convening authority approved the adjudged sentence and, except for the bad-conduct discharge, ordered the punishment executed.

We have carefully considered the record of trial, the appellant’s two assignments of error, in which he asserts that his pleas of guilty to possessing and distributing child pornography was improvident and that 18 U.S.C. § 2252A violates the First Amendment to the United States Constitution, and the Government's response. We conclude that the findings and the sentence are correct in law and fact and that no error materially prejudicial to the substantial rights of the appellant was committed. Arts. 59(a) and 66(c), UCMJ.

Accordingly, we affirm the findings and the sentence, as approved by the convening authority. We further order Enclosure (1) of the staff judge advocate’s Article 34, UCMJ, advice letter, sealed.