United States v. Denault ( 2016 )

U NITED S TATES N AVY –M ARINE C ORPS
C OURT OF C RIMINAL A PPEALS
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No. 201600350
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UNITED STATES OF AMERICA
Appellee
v.
DYLAN E. DENAULT
Corporal (E-4), U.S. Marine Corps
Appellant
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Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge: Lieutenant Colonel E.H. Robinson, Jr., USMC.
For Appellant: Major Lee C. Kindlon, USMCR.
For Appellee: Brian K. Keller, Esq.
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Decided 30 December 2016
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Before CAMPBELL, RUGH, and H UTCHISON , Appellate Military Judges
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After careful consideration of the record, submitted without assignment of
error, we affirm the findings and sentence as approved by the convening
authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c).
The supplemental court-martial order will reflect that the military judge
merged Specifications 1 and 2 of Charge I into a single specification for
findings and sentence to read as follows:
In that Corporal Dylan E. Denault, U.S. Marine Corps, while on active
duty did, on or near Okinawa, Japan, on or about 12 November 2015,
attempt the sexual assault of a child by driving to the house of an
individual who Corporal Denault believed had not attained the age of
16 years to cause that individual to penetrate Corporal Denault’s anus
and mouth with that individual’s penis and to penetrate that
individual’s anus and mouth with Corporal Denault’s penis.
For the Court
R.H. TROIDL
Clerk of Court
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