United States v. Simon

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