United States v. ALLEN

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: March 26, 2025
• Docket: 202300245
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, DALY, and de GROOT Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Jackus D. ALLEN Lieutenant (O-3), U.S. Navy Appellant

No. 202300245 _________________________

Decided: 26 March 2025

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Donald R. Ostrom

Sentence adjudged 11 August 2023 by a general court-martial tried at Naval Station Norfolk, Virginia, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: six months of confinement.

For Appellant: Commander Lindsay W. Pepi, JAGC, USN

For Appellee: Lieutenant Michael A. Tuosto, JAGC, USN Lieutenant Colonel Candace G. White, USMC United States v. Allen, NMCCA No. 202300245 Opinion of the Court

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(b).

________________________

PER CURIAM: A general court-martial convicted Appellant, pursuant to his pleas, of ob- struction of justice in violation of Article 131b, Uniform Code of Military Jus- tice (UCMJ), and conduct unbecoming an officer in violation of Article 133, UCMJ. 1 Appellant raises three issues on appeal and asks us to set aside his pleas of guilty. We have carefully considered the matters raised by Appellant 2 in his brief and find they do not require discussion or relief. 3 However, Appellant is enti- tled to have court-martial records that correctly reflect the content of his pro- ceeding. 4 In accordance with R.C.M. 1111(c)(2), we modify the Entry of Judg- ment and direct that it be included in the record.

1 10 U.S.C. §931b, 933.

2 Appellant raised the following matters:

(1) Whether the sole specification of Charge III fails to state an offense because the excepted words no longer implicate criminal activity due to the executive order annex of 1 July 2023; (2) Whether the military judge abused his discretion in accepting Appellant’s plea of guilty to Article 133 because there was an inadequate factual basis to show Appellant maintained a residence with persons he knew were engaged in prostitution with service member or to show his conduct me the standard for conduct unbecoming an officer; (3) Whether the military judge abused his discretion in accepting Appellant’s plea of guilty because there was an inadequate legal and factual basis to show Appel- lant obstructed an investigation. 3 See United States v. Matias 25 M.J. 356, 361 (C.M.A. 1987).

4 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).

2 United States v. Allen, NMCCA No. 202300245 Opinion of the Court

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. 5 The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

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

2 UNITED STATES NMCCA NO. 202300245

v. ENTRY OF Jackus D. ALLEN JUDGMENT Lieutenant (O-3) U.S. Navy As Modified on Appeal Accused 26 March 2025

On 11 August 2023, the Accused was tried at Region Legal Service Office Mid-Atlantic, Norfolk, Virginia, by a general court-martial, consisting of a mil- itary judge sitting alone. Military Judge Donald R. Ostrom presided.

FINDINGS

The following are Lieutenant Allen’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 (UCMJ), 10 U.S.C. § 934. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification 1: Conspiracy to sex traffic on or about October 2020 to on or about June 2021 Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification 2: Aiding and abetting sex trafficking on or about October 2020 to on or about June 2021. Plea: Not Guilty. United States v. Allen, NMCCA No. 202300245 Modified Entry of Judgment

Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Charge II: Violation of Article 131b, UCMJ, 10 U.S.C. § 931b. Plea: Guilty. Finding: Guilty.

Specification: Obstruction of justice on or about May 2021. Plea: Guilty, excepting the words “United States v. Lieutenant Jackus Allen, USN,” substituting therefor the words “Rasame Phrecophrai, aka TT.” To the excepted words, Not Guilty. To the specification as excepted and substituted, Guilty. Finding: Guilty to the specification as excepted and substituted.

Charge III: Violation of Article 133, UCMJ, 10 U.S.C. § 933. Plea: Guilty. Finding: Guilty.

Specification: Conduct unbecoming of an officer on or about October 2020 to on or about June 2021. Plea: Guilty, excepting the words “commercial sex acts,” and substituting therefor the word “prostitution.” Finding: Guilty to the specification as excepted and substituted.

2 United States v. Allen, NMCCA No. 202300245 Modified Entry of Judgment

SENTENCE

On 11 August 2023, a military judge sentenced Lieutenant Allen to the fol- lowing: Confinement for a total of 6 months. Sole Specification of Charge II: confinement for 3 months. Sole Specification of Charge III: confinement for 6 months. All periods of confinement shall run concurrently.