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United States v. Sergeant JAMIL v. WILLIAMS ( 2012 )


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  • UNITED STATES ARMY COURT OF CRIMINAL APPEALS
    Before
    JOHNSON, KRAUSS, and BURTON
    Appellate Military Judges
    UNITED STATES, Appellee
    v.
    Sergeant JAMIL V. WILLIAMS
    United States Army, Appellant
    ARMY 20090619
    Headquarters, III Corps and Fort Hood
    Gregory A. Gross, Military Judge
    Lieutenant Colonel Anthony T. Febbo, Acting Staff Judge Advocate
    For Appellant: Lieutenant Colonel Jonathan F. Potter, JA; Captain Barbara A.
    Snow-Martone, JA (on brief); Colonel Patricia A. Ham, JA; Lieutenant Colonel
    Imogene M. Jamison, JA; Major Jacob D. Bashore, JA; Captain Barbara A. Snow-
    Martone, JA (reply brief).
    For Appellee: Major Amber J. Williams, JA; Major LaJohnne A. White, JA; Captain
    Daniel H. Karna, JA (on brief).
    30 July 2012
    -------------------------------------------------------
    SUMMARY DISPOSITION ON REMAND
    -------------------------------------------------------
    Per Curiam:
    A panel of officers and enlisted members, sitting as a general court-martial,
    convicted appellant, contrary to his pleas, of absence without leave terminated by
    apprehension, willfully disobeying a superior commissioned officer, violation of a
    lawful general regulation, false official statement, consensual sodomy, assault
    consummated by a battery, adultery, and obstructing justice, in violation of Articles
    86, 90, 92, 107, 125, 128, and 134, Uniform Code of Military Justice, 
    10 U.S.C. §§ 886
    , 890, 892, 907, 925, 928, 934 (2006) [hereinafter UCMJ]. See Manual for
    Courts-Martial, United States (2012 ed.), pt. IV, ¶¶ 62.b. and 96.b. The panel
    sentenced appellant to a bad-conduct discharge, confinement for nine months,
    forfeiture of all pay and allowances, and reduction to the grade of E-1. The
    convening authority approved the adjudged sentence and credited appellant with 116
    days of pretrial confinement against the sentence to confinement.
    WILLIAMS—ARMY 20090619
    On 21 December 2011, we issued a decision in this case, affirming the
    findings of guilty and the sentence. On 10 July 2012, our superior court reversed
    our decision as to Charge IV and its Specification (adultery in violation of Article
    134, UCMJ), as to Additional Charge V, Specification 1 (obstructing justice in
    violation of Article 134, UCMJ), and as to the sentence and returned the record of
    trial to The Judge Advocate General of the Army for remand to this court for further
    consideration in light of United States v. Humphries, 
    71 M.J. 209
     (C.A.A.F. 2012).
    Consequently, appellant’s case is again before this court for review under Article 66,
    UCMJ.
    In light of Humphries, we are compelled to disapprove the findings of guilt as
    to the two Article 134, UCMJ, offenses previously affirmed. Neither specification
    contained allegations of terminal elements under Article 134, UCMJ, nor is there
    anything in the record to satisfactorily establish notice of the need to defend against
    a terminal element as required under Humphries. Therefore, we now reverse
    appellant’s convictions for adultery and obstructing justice and dismiss the defective
    specifications which failed to state an offense in light of United States v. Fosler, 
    70 M.J. 225
     (C.A.A.F. 2011).
    On consideration of the entire record, the findings of guilty of Charge IV and
    its Specification and Additional Charge V, Specification 1, is set aside and those
    specifications are dismissed. The remaining findings of guilty are affirmed.
    Reassessing the sentence on the basis of the error noted, the entire record, and in
    accordance with the principles of United States v. Sales, 
    22 M.J. 305
     (C.M.A. 1986),
    and United States v. Moffeit, 
    63 M.J. 40
     (C.A.A.F. 2006), to include the factors
    identified by Judge Baker in his concurring opinion in Moffeit, the court affirms the
    sentence as approved by the convening authority.
    FOR THE
    FOR THE COURT:
    COURT:
    JOANNE P. TETREAULT ELDRIDGE
    Deputy
    JOANNE Clerk P.
    of Court
    TETREAULT ELD
    Acti
    2
    

Document Info

Docket Number: ARMY 20090619

Filed Date: 7/30/2012

Precedential Status: Non-Precedential

Modified Date: 4/18/2021