The appellant was convicted, pursuant to his pleas, by a general court-martial of the following offenses: carnal knowledge, sodomy, and indecent acts, all with the same 15-year-old female and all on divers occasions, and possession of child pornography. The appellant's crimes violated Articles 120, 125, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920, 925, and 934, and 18 U.S.C. § 2252A(a)(5)(B). The military judge sentenced the appellant to confinement for 4 years, forfeiture of all pay and allowances, and a dismissal from the United States Navy.
In arriving at this sentence, the military judge considered the sodomy and indecent act offenses to be multiplicious for sentencing purposes. The convening authority approved the sentence and, except for the dismissal, ordered the punishment executed. In taking action, the convening authority granted the appellant clemency by suspending confinement in excess of 2 years for a period of 2 years from the date of trial, by suspending all adjudged forfeitures of pay and allowances, and waiving all the automatic forfeitures of pay and allowances for a period of 6 months from the date of his action.
In explaining the elements to the appellant, the military judge gave this advice: First, that at or near San Diego, California, on or about 31 January 2000, you knowingly possessed a computer hard-drive containing certain visual depictions; The second element is that such visual depictions were produced using materials having been transported in interstate commerce by any means, including by computer; The third element is that the production of such visual depictions involved the use of minors engaging in sexually explicit conduct; The fourth element is that such visual depictions are or were of minors actually engaged in sexually explicit conduct; and The last element is that you were in knowing possession of such visual depictions, was in violation of Title 18, United States Code, Section 2252A, subparagraph (a)(5)(B).
Confession:
On or about 31 January 2000, while on active duty, I knowingly possessed multiple images of minor females engaging in sexually explicit conduct. I possessed several of these images on my computer hard drive while living in San Diego, California. By sexually explicit conduct I mean lascivious exhibition of the genitals or pubic area. I downloaded some of these images from various internet web sites. I also asked people whom I met on the internet to send me pictures of minor females via e-mail. I received these images through the use of my internet account on my home computer. I then downloaded themes images to my home computer and saved them on my computer's hard drive.
The findings and sentence as approved by the convening authority are affirmed.