United States v. Elhardan ( 2017 )

U NITED S TATES N AVY –M ARINE C ORPS
C OURT OF C RIMINAL A PPEALS
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No. 201600280
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UNITED STATES OF AMERICA
Appellee
v.
ADAM R. ELHARDAN
Lance Corporal (E-3), U.S. Marine Corps
Appellant
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Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge: Lieutenant Colonel Eugene H. Robinson, Jr., USMC.
Convening Authority: Commanding General, Marine Corps
Installations Pacific, Okinawa, Japan.
Staff Judge Advocate: Lieutenant Colonel Eric J. Peterson, USMC.
For Appellant: Lieutenant Commander Donald R. Ostrom,
JAGC, USN.
For Appellee: Brian K. Keller, Esq.
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Decided 31 January 2017
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Before CAMPBELL, RUGH, and H UTCHISON , Appellate Military Judges
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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 the military judge
consolidated Specifications 1 and 2 of the Additional Charge into a single
specification for findings and sentence,1 to read as follows:
In that Lance Corporal Adam R. Elhardan, U.S. Marine Corps, while
on active duty, did, at or near Okinawa and Iwakuni, Japan, between
on or about 12 March 2015 and on or about 16 April 2015, knowingly
and wrongfully possess child pornography, to wit: digital images, of
minors, engaging in sexually explicit conduct; and, digital images of
1 Record at 261.
United States v. Elhardan, No. 201600280
what appears to be minors, engaging in sexually explicit conduct; and,
that said conduct was to the prejudice of good order and discipline in
the armed forces and was of a nature to bring discredit upon the
armed forces.
For the Court
R.H. TROIDL
Clerk of Court
2