Name: Benjiman Johnson
Case: United States v. Johnson No. 99-0556 Crim. App. No. 9602016
Date Of Appeal: January 13, 2000
Plea: Guilty
Charges: Carnal Knowledge Of A Child
Military Branch: U.S. Army
Listed In National Sex Offenders Registry? Yes, Texas
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Benjiman Johnson
Staff Sergeant U. S. Army
Convicted Sex Offender
Carnal Knowledge Of A Child
Senior Judge COX delivered the opinion of the Court.
On October 22, December 9, 12, and 13, 1996, and January 16, 1997, appellant, a staff sergeant, was tried by a general court-martial comprised of officer and enlisted members. Pursuant to his pleas, he was found guilty of carnal knowledge, in violation of Article 120, Uniform Code of Military Justice, 10 USC § 920.
Contrary to his pleas, he was found guilty of one specification each of maltreatment1 and assault consummated by a battery,2 in violation of Articles 93 and 128, UCMJ, 10 USC §§ 893 and 928, respectively. Appellant was sentenced to a bad-conduct discharge, 5 years' confinement, forfeiture of $874.00 pay per month for 60 months, and reduction to the grade of Private E-1. The convening authority approved this sentence.
The carnal-knowledge conviction resulted from appellant’s admitted sexual intercourse (3 times) with S, a 14-year-old girl he was babysitting. Appellant does not appeal this conviction.
The maltreatment and assault-consummated-by-a-battery convictions resulted from incidents which occurred between appellant and Specialist (SPC) MC over a year (June 1995-June 1996).
The Court of Criminal Appeals set aside the finding of guilty of maltreatment of SPC MC and dismissed that charge in an unpublished opinion.
The convictions for carnal knowledge (of SP) and assault consummated by a battery (of SPC MC) were affirmed. Unpub. op. at 2-3. The sentence was also affirmed, based on the entire record and the error noted, under United States v. Sales, 22 MJ 305 (CMA 1986). Unpub. op. at 3.
