<p data-block-key="vfip3">U.S. v. JACKSON</p>

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: September 30, 2024
• Docket: <p data-block-key="l2bk7">202300287</p>
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KISOR, MCCOY, and HARRELL Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Davionne JACKSON Aviation Boatswain’s Mate Aircraft Handler Petty Officer Third Class (E-4), U.S. Navy Appellant

No. 202300287

Decided: 30 September 2024

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Michelle M. Pettit (arraignment) Philip J. Hamon (trial)

Sentence adjudged 15 August 2023 by a general court-martial convened at Naval Base San Diego, California, consisting of a military judge sit- ting alone. Sentence in the Entry of Judgment: reduction to E-3, con- finement for nine months, and a bad-conduct discharge.1

For Appellant: Lieutenant Raymond E. Bilter, JAGC, USN

1 Appellant was credited with have served 192 days of pretrial confinement. United States v. Jackson, NMCCA No. 202300287 Opinion of the Court

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.2 However, we note that the Entry of Judgment fails to include the date of the offense for the Specification of Charge VIII as required by Rule for Courts- Martial 1111(b)(1)(A) and United States v. Wadaa.3 Although we find no prej- udice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceeding. In accordance with R.C.M. 111(c)(2), we modify the Entry of Judgement and direct that it be included in the record. The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.

3 84 M.J. 652, 655 (N-M. Ct. Crim. App. 2024).

2 UNITED STATES NMCCA NO. 202300287

v. ENTRY OF Davionne JACKSON JUDGMENT Aviation Boatswain’s Mate Aircraft Handler Petty Officer Third Class (E-4) As Modified on Appeal U.S. Navy 30 September 2024 Accused

On 15 August 2023, the Accused was tried at Naval Base San Diego, Cali- fornia, by a general court-martial, consisting of a military judge sitting alone. Military Judge Philip J. Hamon presided.

FINDINGS

The following are the Accused’s pleas and the Court’s findings to all of- fenses the convening authority referred to trial:

Charge II: Violation of Article 104a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 904a. Plea: Guilty. Finding: Guilty.

Specification: Fraudulent enlistment by means of deliberate concealment of material facts on or about 29 August 2019. Plea: Guilty. Finding: Guilty.

Charge III: Violation of Article 106, Uniform Code of Military Justice, 10 U.S.C. § 906. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review. United States v. Jackson, NMCCA No. 202300287 Modified Entry of Judgment

Specification: Impersonating an official of the United States government on or about 14 October 2022. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Charge IV: Violation of Article 107, Uniform Code of Military Justice, 10 U.S.C. § 907. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification: False official statement to an investigator with the Defense Counterintelligence Security Agency on or about 4 December 2019. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Charge V: Violation of Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification 1: Sexual assault by committing a sexual act upon D.J. without her consent on divers occasions from on or about October 2021 to on or about December 2021. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification 2: Sexual assault by committing a sexual act upon Logistics Specialist Seaman T.D. without consent on or about 15 May 2022. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

2 United States v. Jackson, NMCCA No. 202300287 Modified Entry of Judgment

Specification 3: Rape by committing a sexual act upon M.S. by using unlawful force on or about 11 June 2022. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification 4: Sexual assault by committing a sexual act upon M.S. without her consent on or about 11 June 2022. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification 5: Abusive sexual contact by committing sexual contact upon M.S. without her consent or about 11 June 2022. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Charge VII: Violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification: Assault consummated by a battery upon M.S. on or about 11 June 2022. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Charge VIII: Violation of Article 131b, Uniform Code of Military Justice, 10 U.S.C. § 931b. Plea: Guilty. Finding: Guilty.

Specification: Obstruction of justice by posing as a Naval Criminal Investigative Service Special Agent

3 United States v. Jackson, NMCCA No. 202300287 Modified Entry of Judgment

and questioning M.S. on or about 14 October 2022. Plea: Guilty. Finding: Guilty.

Additional Charge: Violation of Article 91, Uniform Code of Military Justice, 10 U.S.C. § 891. Plea: Guilty. Finding: Guilty.

Specification 1: Assault of a superior petty officer on or about 8 February 2023. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification 2: Disrespectful language toward a superior petty officer on or about 8 February 2023. Plea: Guilty. Finding: Guilty.

4 United States v. Jackson, NMCCA No. 202300287 Modified Entry of Judgment

SENTENCE

On 15 August 2023, a military judge sentenced the Accused to the follow- ing: Reduction to pay grade E-3. Confinement for a total of nine months, as follows: For the Specification of Charge II: confinement for two months. For the Specification of Charge VIII: confinement for nine months. For Specification 2 of the Additional Charge: confinement for three months. The terms of confinement will run concurrently. Appellant received 192 days of pretrial confinement credit. A bad-conduct discharge.