Name: Daniel G. James
Case: United States v. James
Date Of Conviction: June 7, 2002
Plea: Not Guilty
Charges: Indecent Acts With A Minor
Military Branch: U.S. Airforce
Listed In National Sex Offenders Registry? NO
Sentence adjudged 7 June 2002 by GCM convened at Offutt Air Force Base, Nebraska. Military Judge: Gregory E. Pavlik. Approved sentence: Bad-conduct discharge and confinement for 4 month.
The appellant was convicted, contrary to his pleas, of two specifications of indecent acts with a female under 16 years of age, in violation of Article 134, UCMJ, 10U.S.C. § 934. A general court-martial sentenced the appellant to a bad-conduct discharge and confinement for 4 months.
The convening authority approved the adjudged sentence. The appellant has submitted three assignments of error: (1) whether the military judge erred in admitting propensity evidence pursuant to Mil. R. Evid. 414; (2) whether the evidence is legally and factually insufficient to sustain the convictions of indecent acts and (3) whether the trial counsel made an improper findings argument. Having carefully considered issues (2) and (3), we find them to be without merit.
The appellant was a 20-year-old single airman who worked as a youth leader at the Base Chapel at Offutt Air Force Base, Nebraska. In that capacity, he met the victim, MC, with whom he developed a romantic relationship. MC was 15 years old when the two met.
This relationship consisted of sexual activity, to include French kissing and fondling and kissing of MC’s breasts. It also included what MC described at trial as “clothes sex,” in which the two remained clothed while rubbing their genital areas against each other. These offenses occurred on 17 June 2001 and 7 July 2001 and formed the basis of the charge and specifications.
During trial on the merits, the military judge permitted another victim, SB, to testify as to sexual activity between her and the appellant. The military judge overruled the defense objection to this evidence and admitted her testimony pursuant to Mil. R.Evid. 414. SB was also a member of the chapel youth group and was 15 years old at the time of the sexual activity with the appellant, July 16th, July 23rd and August 2nd 2001,
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An Unofficial Site
Of United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
Daniel G. James
Airman Basic U.S. Airforce
Convicted Sex Offender
Indecent Acts With Minor Children
