United States v. Boyles ( 2017 )

U NITED S TATES N AVY –M ARINE C ORPS
C OURT OF C RIMINAL A PPEALS
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No. 201700100
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UNITED STATES OF AMERICA
Appellee
v.
SAMUEL T. BOYLES
Hospitalman Apprentice (E-2), U.S. Navy
Appellant
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Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge: Lieutenant Colonel Michael D. Zimmerman, USMC.
Convening Authority: Commanding General, Training Command,
Quantico, VA.
Staff Judge Advocate’s Recommendation: Lieutenant Colonel
Michael E. Sayegh, USMC.
For Appellant: Commander C. Eric Roper, JAGC, USN.
For Appellee: Brian K. Keller, Esq.
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Decided 30 June 2017
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Before CAMPBELL, F ULTON , 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 promulgating order will reflect that following the
merger of Specifications 2 and 5 under Charge I, Specification 2 reads
as follows: In that Hospitalman Apprentice Samuel T. Boyles, U.S.
Navy Reserves, on active duty, did, at an unknown location, on or
about 10 January 2016, commit a lewd act upon D.M.S., a child who
had not attained the age of 16 years, to wit: intentionally
communicating indecent language to D.M.S., through communication
technology, and intentionally sending a digital image of an erect penis
to D.M.S. through communication technology with an intent to arouse
United States v. Boyles, No. 201700100
or gratify his sexual desire. United States v. Crumpley, 49 M.J. 538,
539 (N-M. Ct. Crim. App. 1998).
For the Court
R.H. TROIDL
Clerk of Court
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