Court-Martial Trial Practice Blog
Here is an new grant from CAAF.
No. 10-0494/AF. U.S. v. Caleb B. BEATY. CCA 37478. Review granted on the following issue:
WHETHER THE SENTENCE MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE DETERMINED THE SENTENCE BASED ON THE INCORRECT MAXIMUM PUNISHMENT.
Briefs will be filed under Rule 25.
Note the accused was sentenced to confinement for 10 months, a bad conduct discharge, and RIR to E-1 for possession of child pornography.
Before AFCCA the appellant:
On appeal the appellant challenges the military judge’s determination of the maximum punishment, arguing that the language of the specification precludes application of the analogous federal law maximum of ten years under the Child Pornography Prevention Act of 1996 (CPPA), 18 U.S.C. § 2252A. Finding no error prejudicial to the substantial rights of the appellant, we affirm.
The specification provided fair notice that the gravamen of the charged offense is possession of child pornography, the appellant admitted that he knowingly possessed images of minors engaged in sexually explicit conduct, and the military judge correctly determined the maximum punishment by referring to the analogous federal offense of knowing possession of child pornography, in violation of 18 U.S.C. § 2252A.