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First CAAF decision
CAAF has decided United States v. Campbell, __ M.J. ___ (C.A.A.F. 2009).
We granted review of three issues raised by the decision of the United States Navy-Marine Corps Court of Criminal Appeals (CCA), as follows: I. WHETHER THE LOWER COURT ERRED IN REASSESSING APPELLANT’S SENTENCE, AS (1) ITS REASSESSMENT CALCULUS WAS BASED UPON AN ERRONEOUS UNDERSTANDING OF WHAT SPECIFICATIONS WERE MERGED; (2) IT ABUSED ITS DISCRETION IN FAILING TO ORDER A SENTENCE REHEARING IN LIGHT OF APPELLANT BEING SENTENCED UPON TWICE THE AMOUNT OF SPECIFICATIONS AS APPROPRIATE; AND (3) THE UNDERLYING LOGIC USED TO NOT REDUCE APPELLANT’S SENTENCE WAS FAULTY. II. WHETHER THE LOWER COURT ERRED IN FINDING THAT POSSESSION OF THE SAME IMAGES OF CHILD PORNOGRAPHY ON DIFFERENT MEDIA CAN BE CHARGED AS SEPARATE CRIMES UNDER 18 U.S.C. § 2252A. III. WHETHER THE LOWER COURT ERRED IN DETERMINING THAT THE THREE SPECIFICATIONS UNDER CHARGE II WERE NOT “FACIALLY DUPLICATIVE.” We hold that Appellant’s unconditional guilty plea waived Issue II on appeal, and that the specifications were not “facially duplicative” under Issue III. However, we hold that the CCA erred in part on Issue I and remand for sentence reassessment.