United States v. Simon

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: January 11, 2018
• Docket: 201700271
• Status: Published

Opinion

U NITED S TATES N AVY –M ARINE C ORPS C OURT OF C RIMINAL A PPEALS _________________________

No. 201700271 _________________________

UNITED STATES OF AMERICA Appellee v.

JEFFREY T. SIMON Cryptologic Technician (Collection) First Class (E-6), U.S. Navy Appellant _________________________

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Lieutenant Colonel Leon Francis, USMC. Convening Authority: Commanding Officer, Navy Information Operations Command Hawaii, Schofield Barracks , HI. Staff Judge Advocate’s Recommendation: Lieutenant Brittany E. Doehrel, JAGC, USN. For Appellant: Captain Scott F. Hallauer, JAGC, USN. For Appellee: Brian K. Keller, Esq. _________________________

Decided 11 January 2018 _________________________

Before M ARKS , J ONES , and S TEPHENS , Appellate Military Judges _________________________

After careful consideration of the record, submitted without assignment of error, we affirm the findings and sentence as approved by the convening authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c). The supplemental court-martial order will reflect that as to Charge II and its specification, the accused entered a plea of not guilty to sexual contact in violation of Article 120, UCMJ, but guilty of the lesser included offenses of assault consummated by a battery in violation of Article 128, UCMJ.

For the Court

R.H. TROIDL Clerk of Court