Andrea N. Lacy Private First Class U.S. Marine Corps Convicted Sex Offender Indecent Acts Upon A Child

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Name: Andrea N. Lacy

Case: United States v. Lacy No. 98-0511, No. 97-0667

Date Of Appeal: December 15, 1998

Plea: Guilty

Charges: Indecent Acts Upon A Child

Military Branch: U.S. Marine Corp

Listed In National Sex Offenders Registry? NO

Pursuant to his pleas, appellant was convicted by a general court-martial composed of a military judge alone of carnal knowledge and committing indecent acts, in violation of Articles 120 and 134, Uniform Code of Military Justice, 10 USC §§ 920 and 934, respectively. Appellant was sentenced to a bad-conduct discharge, confinement for 18 months, total forfeitures, and reduction to the lowest enlisted grade. The convening authority approved these results, and the Court of Criminal Appeals affirmed in an unpublished decision.

Appellant and two other Marines had sexual intercourse with an underage girl in the presence of each other. All three pleaded guilty to indecent acts and carnal knowledge. All three were tried by general court-martial, and each elected to be tried by a military judge sitting alone. The same judge presided at all three trials. All three Marines were convicted in accordance with their pleas. Appellant was sentenced to 18 months of confinement, while his coactors were sentenced to 8 months and 15 months, respectively. Their sentences were the same in all other respects. The same convening authority acted in two of the cases. His superior acted in the third case.

In the present case, where appellant and two other Marines engaged in the same course of conduct with the same victim in each other's presence, we agree with the court below that the cases fall within the "closely related" test. The sentences, however, are not "highly disparate." The test in such a case is not limited to a narrow comparison of the relative numerical values of the sentences at issue, but also may include consideration of the disparity in relation to the potential maximum punishment.

The sentences at issue in the present appeal -- appellant's 18 months' confinement and the 15 and 8 months' confinement received by the others -- are all relatively short compared to the maximum confinement of 27 years that appellant was facing. In such circumstances, we hold that the court below did not abuse its discretion in concluding that any differences in the confinement did not produce sentences that were "highly disparate." Having failed to show a high disparity in his sentence, appellant is not entitled to a further examination of the reasons for any differences in the sentences.