Name: Daniel R Bilczojr
Case: United States v. Bilczojr No. ACM 34078
Date Of Conviction: March 28, 2000
Plea: Guilty
Charges: Indecent acts with a child under 12, and other charges, see below
Military Branch: U.S. Airforce
Listed In National Sex Offenders Registry? NO
Sentence adjudged 28 March 2000 by GCM convened at Eglin Air Force Base, Florida. Military Judge: Robert G. Gibson Jr. and Mark L. Allred (sitting alone). Approved sentence: Dishonorable discharge, confinement for 14 years, and reduction to E-1.
The appellant was charged with two specifications of rape of a child under 12 years of age, one specification of sodomy with a child under 12 years of age, and one specification of committing indecent acts upon a child under the age of 16 years, in violation of Articles 120, 125, and 134, UCMJ, 10 U.S.C. §§ 920, 925, 934. The appellant pled guilty unconditionally to the rape offenses. The appellant moved to dismiss the specifications alleging sodomy and indecent acts.
After the military judge denied the defense motion, the appellant entered conditional guilty pleas to these offenses, preserving the litigated issue on appeal. The military judge sentenced the appellant to a dishonorable discharge, confinement for 16 years, forfeiture of all pay and allowances, and reduction to E-1. The convening authority reduced the sentence, approving a dishonorable discharge, confinement for 14 years, and reduction to E-1.
We now reassess the sentence. Exercising our authority under Article 66(c), UCMJ, we find that an appropriate sentence for the remaining offenses is a dishonorable discharge, confinement for 14 years, and reduction to E-1. Even applying the more restrictive tests established by our superior court, we reach the same result.
The maximum possible punishment for the offenses now before this Court is exactly the same as it was before the military judge who sentenced the appellant: a dishonorable discharge, confinement for life, forfeiture of all pay and allowances, a fine, and reduction to E-1.
The evidence of the appellant’s sexual abuse of the small children would have been admissible in findings under Mil. R. Evid. 413. United States v. Bailey, 55 M.J. 38 (2001). Most significantly, the evidence relating to the challenged specifications was also relevant in sentencing. United States v. Nourse, 55 M.J. 229, 231-32 (2001); United States v. George, 52 M.J. 259, 261 (2000); United States v. Mullens, 29 M.J. 398, 400 (C.M.A. 1990). Thus, even without the error, the sentencing authority would have heard and considered the same evidence when determining an appropriate punishment.
The remaining rape offenses were especially egregious, considering the tender ages of the victims, the appellant’s breach of a position of special trust, and the adverse effect upon the children and the family. We are satisfied that, without the error below, the sentence imposed by the military judge would not have been less than a dishonorable discharge, confinement for 14 years, and reduction to E-1
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An Unofficial Site
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Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
Daniel R Bilczojr
Technical Sergeant U.S. Airforce
Convicted Sex Offender
Indecent Acts With A Child Under 12
