Peter T. Kogan
Missile Technician Second Class (E-5), U. S. Navy
Convicted Sex Offender
Rape And Sodomy Of A 10-Year-Old Child
Name: Peter T. Kogan
U.S. V. Kogan No. NMCCA 200500713
Date Of Appeal: December 27, 2006
Plea: Guilty
Charges: Rape and sodomy of a child
Military Branch: U.S. Navy
Listed In National Sex Offenders Registry? NO
Sentence adjudged 04 November 2004. Military Judge: B.W. MacKenzie. Review pursuant to Article 66(c), UCMJ, of General Court-Martial convened by Commander, Navy Region Northwest, Silverdale, WA.
A military judge alone, sitting as a general court-martial, convicted the appellant, pursuant to his pleas, of rape of a child under 16 years of age, sodomy on a child under 12 years of age, and indecent acts on a child under 16 years of age, in violation of Articles 120, 125, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920, 925, and 934.
The appellant was sentenced to confinement for 30 years, total forfeitures, reduction to pay grade E-1, and a dishonorable discharge. The convening authority approved the sentence as adjudged and, pursuant to a pretrial agreement, suspended confinement in excess of 25 years and all forfeitures for two years from the date of his action.
The appellant alleges in his two assignments of error that the military judge committed plain error in considering unauthenticated evidence and hearsay testimony on sentencing and that the sentence is too severe. We have examined the record of trial, the appellant’s assignments of error and the Government’s response. We conclude that the findings and sentence are correct in law and fact and that no error materially prejudicial to the substantial rights of the appellant was committed. Arts. 59(a) and 66(c), UCMJ.
During the military judge's inquiry into the providence of the appellant's guilty pleas, the appellant admitted to raping ten-year-old on three occasions, digitally penetrating her vagina on three occasions, and forcing her to perform oral sodomy on him on five occasions.
In support of the guilty pleas, the appellant agreed to permit the Government to introduce Prosecution Exhibit 1, a stipulation of fact. The stipulation provided additional details regarding the offenses, including his use of force in penetrating the victim's vagina and mouth with his penis.
Under the circumstances of this case, involving the sexual molestation and rape of a ten-year-old girl, we find the sentence to be wholly appropriate for this offender and his offenses, even in light of his record of military service. United States v. Healy, 26 M.J. 394 (C.M.A. 1988); United States v. Snelling, 14 M.J. 267 (C.M.A. 1982).
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