United States v. PYRON

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: January 15, 2025
• Docket: 201900296
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, DALY, and ATTANASIO Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Adam M. PYRON Master-at-Arms Petty Officer Second Class (E-5), U.S. Navy Appellant

No. 201900296 (f rev)

Decided: 15 January 2025

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Ryan Stormer (arraignment and motions) Andrea K. Lockhart (motions and trial)

Sentence adjudged 21 July 2023 by a general court-martial tried at Na- val Station San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confine- ment for 6 years, and a dishonorable discharge. 1

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

1 Appellant was credited with having served 1,698 days of pretrial confinement. United States v. Pyron, NMCCA No. 201900296 Opinion of the Court

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

PER CURIAM: This case is before us a third time. In 2019, a general court-martial consisting of members with enlisted rep- resentation convicted Appellant, contrary to his pleas, of attempted rape of a child, rape of a child, and sexual abuse of a child, in violation of Articles 80 and 120b, Uniform Code of Military Justice (UCMJ). 2 In April 2021, this Court re- versed Appellant’s convictions and authorized a retrial owing to implied bias of one of the members. 3 In July 2021, the convening authority re-referred the same charges and specifications against Appellant for retrial by general court-martial. During the retrial, the military judge excluded Appellant’s testimony from his first trial. The Government appealed that ruling to this Court. We granted the Gov- ernment’s appeal, vacated the military judge’s ruling, and remanded for fur- ther proceedings not inconsistent with our opinion. 4 The convening authority subsequently referred an additional charge of sexual abuse of a child against Appellant. The case proceeded to trial and, in July 2023, a general court-mar- tial consisting of a military judge sitting alone convicted Appellant, consistent with his pleas, of two specifications of sexual abuse of a child, in violation of Article 120b, UCMJ. 5 The case is again before us for appellate review. 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 materi- ally prejudicial to Appellant’s substantial rights occurred. 6

2 10 U.S.C. §§ 880, 920b.

3 United States v. Pyron, 81 M.J. 637 (N-M. Ct. Crim. App. 2021).

4 United States v. Pyron, No. 201900296, 2022 CCA LEXIS 410 (N-M. Ct. Crim.

App. Jul. 15, 2022) (unpublished), aff’d, 83 M.J. 59 (C.A.A.F. 2023). 5 10 U.S.C. § 920b.

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

2 United States v. Pyron, NMCCA No. 201900296 Opinion of the Court

However, contrary to the requirements of Rule for Courts-Martial (R.C.M.) 1111(b)(2)(A)-(B), the Entry of Judgment (EOJ) does not specify the individu- ally segmented terms of confinement adjudged for each of Appellant’s two con- victions, nor does the EOJ reflect that the terms of confinement are to run concurrently. Although we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceeding. 7 In accordance with R.C.M. 1111(c)(2), we modify the EOJ and direct that it be included in the record. The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

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

3 UNITED STATES NMCCA NO. 201900296

v. ENTRY OF Adam M. PYRON JUDGMENT Master-at-Arms Petty Officer Second Class (E-5) As Modified on Appeal U.S. Navy Accused 15 January 2025

On 21 July 2023, the Accused was tried at Naval Base San Diego, Califor- nia, by a general court-martial consisting of a military judge sitting alone. Mil- itary Judge Andrea K. Lockhart 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 I: Violation of Article 80, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 880. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification 1: Attempted rape of a child who had not attained the age of 12 years, at or near Yokosuka, Japan, on or about 4 February 2019. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification 2: Attempted rape of a child who had not attained the age of 12 years, at or near Yokosuka, Japan, on or about 4 February 2019. Plea: Not Guilty. United States v. Pyron, NMCCA No. 201900296 Modified Entry of Judgment

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

Charge II: Violation of Article 120b, UCMJ, 10 U.S.C. § 920b. Plea: Guilty. Finding: Guilty.

Specification 1: Rape of a child who had not attained the age of 12 years, at or near Yokosuka, Japan, on or about 4 February 2019. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification 2: Sexual abuse of a child who had not attained the age of 12 years, by sexual contact, at or near Yokosuka, Japan, on or about 4 February 2019. Plea: Guilty. Finding: Guilty.

Specification 3: Sexual abuse of a child who had not attained the age of 12 years, by engaging in indecent conduct, at or near Yokosuka, Japan, on or about 4 February 2019. Plea: No plea entered. Finding: Withdrawn and dismissed without prejudice by direction of the convening authority on 15 July 2019.

Specification 4: Sexual abuse of a child who had not attained the age of 12 years, by indecent exposure, at or near Yokosuka, Japan, on or about 4 February 2019. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification 5: Sexual abuse of a child who had not attained the age of 12 years, by indecent exposure, at or near Yokosuka, Japan, on or about 4 February 2019. Plea: Not Guilty.

2 United States v. Pyron, NMCCA No. 201900296 Modified Entry of Judgment

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

Specification 6: Sexual abuse of a child who had not attained the age of 12 years, by indecent communication, at or near Yokosuka, Japan, on or about 4 February 2019. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Additional Charge: Violation of Article 120b, UCMJ, 10 U.S.C. § 920b. Plea: Guilty. Finding: Guilty.

Specification: Sexual abuse of a child who had not attained the age of 16 years, by sexual contact, at or near Yokosuka, Japan, on or about 4 February 2019. Plea: Guilty. Finding: Guilty.

3 United States v. Pyron, NMCCA No. 201900296 Modified Entry of Judgment

SENTENCE

On 21 July 2023, a military judge sentenced Master-at-Arms Petty Officer Second Class Adam M. Pyron to the following: Reduction to pay grade E-1. Confinement Specification 2 of Charge II: confinement for six years. Specification of the Additional Charge: confinement for six years. The terms of confinement will run concurrently. Confinement for a total of six years. Dishonorable Discharge. Master-at-Arms Petty Officer Second Class Pyron shall be credited with 1,698 days of pretrial confinement credit.