United States v. Miller ( 2021 )

This opinion is subject to administrative correction before final disposition.
Before
GASTON, HOUTZ, and BAKER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Benjamin D.J. MILLER
Gas Turbine Systems Technician Second Class (E-5)
U.S. Navy
Appellant
No. 202000225
Decided: 30 March 2021
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judges:
Michael J. Luken (arraignment)
Hayes C. Larsen (trial)
Sentence adjudged 2 July 2020 by a general court-martial convened at
Naval Station Norfolk, Virginia, consisting of a military judge sitting
alone. Sentence in the Entry of Judgment: reduction to E-1, confine-
ment for 18 months, and a dishonorable discharge. 1
For Appellant:
Captain Kimberly D. Hinson, JAGC, USN
1 Pursuant to a plea agreement, the convening authority suspended all confine-
ment in excess of nine months and suspended the adjudged reduction for six months.
United States v. Miller, NMCCA No. 202000225
Opinion of the Court
For Appellee:
Brian K. Keller, Esq.
_________________________
This opinion does not serve as binding precedent under
NMCCA Rule of Appellate Procedure 30.2(a).
_________________________
PER CURIAM:
After careful consideration of the record, submitted without assignment of
error, we have determined that the findings and sentence are correct in law
and fact and that no error materially prejudicial to Appellant’s substantial
rights occurred. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C.
§§ 859, 866.
However, we note that the Entry of Judgment does not accurately reflect
the disposition of the charges. Although we find no prejudice, Appellant is
entitled to have court-martial records that correctly reflect the content of his
proceeding. United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App.
1998). 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.
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2
This opinion is subject to administrative correction before final disposition.
UNITED STATES NMCCA NO. 202000225
v. ENTRY
OF
Benjamin D.J. MILLER JUDGMENT
Gas Turbine Systems Technician
Second Class (E-5) As Modified on Appeal
U.S. Navy
Accused
30 March 2021
On 2 July 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 C. Larsen 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 134, Uniform Code of Military Justice,
10 U.S.C. § 934.
Plea: Guilty.
Finding: Guilty.
Specification 1: Possession of Child Pornography at or near Great
Lakes, Illinois, on or about 17 June 2016, to wit: digital
images of minors, engaging in sexually explicit
conduct, on his Verizon Wireless Synchronoss
Account.
Plea: Guilty.
Finding: Guilty.
United States v. Miller, NMCCA No. 202000225
Modified Entry of Judgment
Specification 2: Possession of Child Pornography at or near Norfolk,
Virginia, on or about 7 November 2016, to wit: digital
images of minors, engaging in sexually explicit
conduct, on his Samsung Galaxy S5 cellular phone.
Plea: Guilty.
Finding: Guilty.
Specification 3: Possession of Child Pornography at or near Great
Lakes Illinois, on or about June 2016, to wit: digital
images of minors, engaging in sexually explicit
conduct, on his ASUS Model G752V notebook laptop
computer.
Plea: Guilty.
Finding: Guilty.
Specification 4: Possession of Child Pornography at or near Great
Lakes Illinois, on or about June 2016, to wit: digital
images of what appear to be minors, engaging in
sexually explicit conduct, on his ASUS Model G752V
notebook laptop computer.
Plea: Guilty.
Finding: Guilty.
Specification 5: Possession of Child Pornography at or near Norfolk,
Virginia, on or about 16 August 2016, to wit: digital
images of minors, engaging in sexually explicit
conduct, on his Verizon Wireless Synchronoss
Technologies Account.
Plea: Guilty.
Finding: Guilty.
Specification 6: Possession of Child Pornography at or near Norfolk,
Virginia, on or about 16 August 2016, to wit: digital
images of what appear to be minors, engaging in
sexually explicit conduct, on his Verizon Wireless
Synchronoss Technologies Account.
Plea: Guilty.
Finding: Guilty.
2
United States v. Miller, NMCCA No. 202000225
Modified Entry of Judgment
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 7 November 2016.
Plea: Guilty.
Finding: Guilty.
Specification 2: False Official Statement on or about 22 November
2016.
Plea: Guilty.
Finding: Guilty.
SENTENCE
On 2 July 2020, the military judge sentenced the Accused to the following:
Reduction to pay grade E-1.
Confinement for 18 months.
A dishonorable discharge.
The convening authority suspended confinement in excess of nine months for 30
months and suspended the adjudged reduction to pay grade E-1 for a period of six
months from 31 July 2020.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
3