United States v. Sepulveda
ACM 39054
| A.F.C.C.A. | Apr 24, 2017Background
- Appellant, an Airman, attended an off-base party with his wife and others; four people slept in the living room.
- While a female guest (Mrs. CH) was asleep, Appellant used his wife’s phone flash and lifted the front of Mrs. CH’s scoop‑neck shirt to photograph her chest; he took multiple photos and later two short videos, though her breasts were not fully exposed when she rolled over.
- Appellant pleaded guilty to attempted indecent visual recording of Mrs. CH and was acquitted of related sexual assault and indecent recording charges involving a different victim (Ms. BS).
- The convening authority approved a sentence of a bad‑conduct discharge, 12 months confinement, and reduction to E‑1; maximum exposure for the convicted offense included harsher punishments.
- Appellant challenged the sentence as inappropriately severe under Grostefon; the Air Force Court of Criminal Appeals reviewed sentence appropriateness de novo and considered service record and case circumstances.
Issues
| Issue | Appellant's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether the approved sentence was inappropriately severe | Sentence is disproportionate; request reduction | Sentence is within legal bounds given offense and record | Court affirmed: sentence not inappropriately severe; approved sentence upheld |
Key Cases Cited
- United States v. Lane, 64 M.J. 1 (C.A.A.F. 2006) (standard for de novo review of sentence appropriateness)
- United States v. Anderson, 67 M.J. 703 (A.F. Ct. Crim. App. 2009) (factors to assess sentence appropriateness)
- United States v. Nerad, 69 M.J. 138 (C.A.A.F. 2010) (limits on appellate courts exercising clemency)
- United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) (framework for raised issues on appeal)