United States v. Blackburn

U NITED S TATES A IR F ORCE
C OURT OF C RIMINAL APPEALS
UNITED STATES ) No. ACM 40303
Appellee )
)
v. )
) ORDER
Jason M. BLACKBURN )
Airman Basic (E-1) )
U.S. Air Force )
Appellant ) Panel 1
On 1 March and 28–30 March 2022, Appellant was tried by a general court-
martial at Little Rock Air Force Base, Arkansas. Contrary to his pleas, a mili-
tary judge found Appellant guilty of one charge and two specifications of ag-
gravated sexual contact of a child in violation of Article 120, Uniform Code of
Military Justice (UCMJ), 10 U.S.C. § 920, Manual for Courts-Martial, United
States (2008 ed.), one charge and two specifications of rape of a child, and four
specifications of sexual abuse of a child in violation of Article 120b, UCMJ, 10
U.S.C. § 920b, Manual for Courts-Martial, United States (2012 ed.),* and ad-
judged a sentence of 14 years’ confinement, forfeiture of all pay and allowances,
dishonorable discharge, and a reprimand. The convening authority suspended
a portion of the adjudged forfeitures, provided language for the reprimand, and
approved the remainder of the sentence.
On 28 June 2023, Appellant submitted a brief in which he argues, inter
alia, that the record of trial is incomplete in that it is missing all three attach-
ments to Appellate Exhibit VIII, Defense Motion for Appropriate Relief for the
Unreasonable Multiplication of Charges. Appellant requested this court re-
mand the record of trial for correction pursuant to R.C.M. 1112(d)(2).
On 7 August 2023, the Government submitted an answer to Appellant’s
brief, and concurred that the record of trial was missing all three attachments
to Appellate Exhibit VIII. On the same day, the Government filed a Motion to
Attach the three missing attachments to Appellate Exhibit VIII, as well as a
declaration, dated 3 August 2023, from Captain JP, assistant trial counsel to
* All other references in this order to the UCMJ and Rules for Courts-Martial are to
the Manual for Courts-Martial, United States (2019 ed.).
United States v. Blackburn, No. ACM 40303
Appellant’s court-martial. This court granted the Motion to Attach on 15 Au-
gust 2023. The Government argues that remand is not required because the
missing attachments are now attached to the record, and that this court should
be satisfied that there are “no impediments” to this court performing its Article
66, UCMJ, 10 U.S.C. § 866, review.
On 21 August 2023, Appellant filed a reply brief, and contends, inter alia,
that Appellant’s record of trial is still incomplete. Appellant again argues that
attachments to the record do not complete the record. Appellant again requests
that we remand the record of trial for correction under R.C.M. 1112(d)(2). We
agree.
Accordingly, it is by the court on this 11th day of September, 2023,
ORDERED:
The record of trial in Appellant’s case is returned to the Chief Trial Judge,
Air Force Trial Judiciary, for correction under R.C.M. 1112(d) to account for
the three missing attachments to Appellate Exhibit VIII, and any other portion
of the record that is determined to be missing or defective hereafter, after con-
sultation with the parties. See Article 66(f)(3), UCMJ, 10 U.S.C. § 866(f)(3);
R.C.M. 1112(d)(2), (3).
The record of trial will be returned to the court not later than 28 Septem-
ber 2023 unless a military judge or this court grants an enlargement of time
for good cause shown. The Government will inform the court in writing not
later than 21 September 2023 of the status of the Government’s compliance
with this order, unless the record of trial will be returned by the above date.
Thereafter, the court will complete its appellate review under Article 66(d),
UCMJ, 10 U.S.C. § 866(d).
FOR THE COURT
CAROL K. JOYCE
Clerk of the Court
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