United States v. Briggs ( 2022 )

This opinion is subject to administrative correction before final disposition.
Before
GASTON, HOLIFIELD, and MYERS
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Charles T. BRIGGS
Information Technology Chief Petty Officer (E-7), U.S. Navy
Appellant
No. 202100093
_________________________
Decided: 26 July 2022
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Hayes D. Larson
Sentence adjudged 8 December 2020 by a general court-martial con-
vened at Naval Station Norfolk, Virginia, consisting of a military judge
sitting alone. Sentence in the Entry of Judgment: reduction to E-4 and
confinement for 31 months.
For Appellant:
Commander Michael Maffei, JAGC, USN
_________________________
This opinion does not serve as binding precedent under
NMCCA Rule of Appellate Procedure 30.2(a).
_________________________
United States v. Briggs, NMCCA No. 202100093
Opinion of the Court
PER CURIAM:
Appellant was convicted, pursuant to his pleas, of false official statements
and unauthorized distribution of classified information obtained from a gov-
ernment computer, in violation of Articles 107 and 121, Uniform Code of Mili-
tary Justice [UCMJ]. 1
In his sole assignment of error, he asserts the Entry of Judgment fails to
accurately reflect his pleas. The Government concedes the apparent scrivener’s
error. Although we find no prejudice, Appellant is entitled to have court-mar-
tial records that correctly reflect the content of his proceeding. 2 In accordance
with Rule for Courts-Martial 1111(c)(2), we modify the Entry of Judgment and
direct that it be included in the record.
We have determined that the findings and sentence as reflected in the mod-
ified Entry of Judgment are correct in law and fact and that no error materially
prejudicial to Appellant’s substantial rights occurred. 3 The findings and sen-
tence are AFFIRMED.
FOR THE COURT:
S. TAYLOR JOHNSTON
Interim Clerk of Court
1 10 U.S.C. §§ 907, 921.
2 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).
3 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
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UNITED STATES NMCCA NO. 202100093
v. ENTRY
OF
Charles T. BRIGGS JUDGMENT
Information Technology Chief Petty
Officer (E-7) As Modified on Appeal
U.S. Navy
Accused 26 July 2022
On 8 December 2020, the Accused was tried at Naval Station Norfolk, Virginia, by
a general court-martial, consisting of a military judge sitting alone. Military Judge
Hayes D. Larson presided.
FINDINGS
The following are the Accused’s pleas and the Court’s findings to all offenses the
convening authority referred to trial:
Charge I: Violation of Article 123, Uniform Code of Military Justice,
10 U.S.C. § 923.
Plea: Guilty.
Finding: Guilty.
Specification: Unauthorized distribution of classified information
obtained from a government computer on or about 9
January 2019.
Plea: Guilty.
Finding: Guilty.
Charge II: Violation of Article 107, Uniform Code of Military Justice,
10 U.S.C. § 907.
Plea: Guilty.
Finding: Guilty.
Specification 1: False official statement on or about 20 April 2018.
United States v. Briggs, NMCCA No. 202100093
Modified Entry of Judgment
Plea: Guilty.
Finding: Guilty.
Specification 2: False official statement on or about 6 September 2018.
Plea: Guilty.
Finding: Guilty.
Specification 3: False official statement on or about 9 November 2018.
Plea: Guilty.
Finding: Guilty.
Charge III: Violation of Article 92, Uniform Code of Military Justice,
10 U.S.C. § 892.
Plea: Not Guilty.
Finding: Dismissed.
Specification 1: Violation of a lawful general order between on or
about 26 November 2018 and on or about 27 December
2018.
Plea: Not Guilty.
Finding: Dismissed.
Specification 2: Violation of a lawful general order between on or
about May 2017 and on or about 25 January 2019.
Plea: Not Guilty.
Finding: Dismissed.
Charge IV: Violation of Article 131B, Uniform Code of Military Justice,
10 U.S.C. § 931B.
Plea: Not Guilty.
Finding: Dismissed.
Specification: Obstruction of justice between on or about 25 January
2019 and on or about 5 February 2019.
Plea: Not Guilty.
Finding: Dismissed.
Charge V: Violation of Article 134, Uniform Code of Military Justice,
10 U.S.C. § 934.
Plea: Not Guilty.
Finding: Dismissed.
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United States v. Briggs, NMCCA No. 202100093
Modified Entry of Judgment
Specification 1: Communication of national defense information on
divers occasions between on or about October 2018
and on or about January 2019.
Plea: Not Guilty.
Finding: Dismissed.
Specification 2: Possession of child pornography on or about July 2018.
Plea: Not Guilty.
Finding: Dismissed.
Charge VI: Violation of Article 80, Uniform Code of Military Justice,
10 U.S.C. § 880.
Plea: Not Guilty.
Finding: Dismissed.
Specification: Attempted viewing of child pornography on divers
occasions between in or about June 2018 and in or
about December 2018.
Plea: Not Guilty.
Finding: Dismissed.
SENTENCE
On 8 December 2020, a military judge sentenced the Accused to the following:
Reduction to pay grade E-4.
Confinement for a total of 31 months, as follows:
For the Specification of Charge I:
confinement for 18 months.
For Specification 1 of Charge II:
confinement for three months.
For Specification 2 of Charge II:
confinement for four months.
For Specification 3 of Charge II:
confinement for six months.
The terms of confinement will run consecutively.
The Accused has served 480 days pretrial confinement and shall be credited with
480 days of confinement already served, to be deducted from the adjudged sentence to
confinement.
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United States v. Briggs, NMCCA No. 202100093
Modified Entry of Judgment
FOR THE COURT:
S. TAYLOR JOHNSTON
Interim Clerk of Court
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