United States v. BUENO

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: March 19, 2025
• Docket: 202400102
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KISOR, MCCOY, and HARRELL Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Adrian E. BUENO Staff Sergeant (E-6), U.S. Marine Corps Appellant

No. 202400102

Decided: 19 March 2025

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: John P. Norman (arraignment) Andrea C. Goode (motions and trial)

Sentence adjudged 19 September 2022 by a special court-martial tried at Marine Corps Air Station Miramar, San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-3, confinement for thirty days, and forfeiture of $1,600.00 pay per month for six months.

For Appellant: Commander Jesse A. Schaefer, JAGC, USN United States v. Bueno, NMCCA No. 202400102 Opinion of the Court

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a).

PER CURIAM: After careful consideration of the record, submitted without assignment of error, we have determined that the findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred. 1 However, we note the Entry of Judgment does not list the dates of Appellant’s offenses. 2 Although we find no prejudice, Appellant is en- titled to have court-martial records that correctly reflect the content of his pro- ceedings. 3 In accordance with Rule for Courts-Martial 1111(c)(2), we modify the Entry of Judgment and direct that it be included in the record. The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

1 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.

2 See United States v. Wadaa, 84 M.J. 652, 655 (N-M Ct. Crim. App. 2024).

3 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).

2 UNITED STATES NMCCA NO. 202400102

v. ENTRY OF Adrian E. BUENO JUDGMENT Staff Sergeant (E-6) U.S. Marine Corps As Modified on Appeal Accused 19 March 2025

On 19 September 2022, the Accused was tried at Marine Corps Air Station Miramar, San Diego, California, by a special court-martial, consisting of a mil- itary judge sitting alone. Military Judge Andrea C. Goode presided.

FINDINGS

The following are the Accused’s pleas and the Court’s findings to all of- fenses the convening authority referred to trial:

Charge I: Violation of Article 121, Uniform Code of Military Justice, 10 U.S.C. § 921. Plea: Guilty. Finding: Guilty.

Specification 1: Larceny of military property of a value of more than $1,000 between on or about 30 November 2017 and on or about 29 January 2021. Plea: Guilty. Finding: Guilty.

Specification 2: Larceny of military property of a value of more than $1,000 between on or about 29 January 2021 and on or about 4 February 2022. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate United States v. Bueno, NMCCA No. 202400102 Modified Entry of Judgment

review where the findings and sentence have been upheld.

Charge II: Violation of Article 107, Uniform Code of Military Justice, 10 U.S.C. § 907. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review where the findings and sentence have been upheld.

Specification: False official statement on or about 29 January 2021. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review where the findings and sentence have been upheld.

Additional Charge I: Violation of Article 107, Uniform Code of Military Justice, 10 U.S.C. § 907. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review where the findings and sentence have been upheld.

Specification: False official statement on or about 29 January 2021. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review where the findings and sentence have been upheld. Additional Charge II: Violation of Article 92, Uniform Code of Military Justice, 10 U.S.C. § 892.

Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review where the findings and sentence have been upheld.

2 United States v. Bueno, NMCCA No. 202400102 Modified Entry of Judgment

Specification: Willful dereliction of duty from on or about 29 January 2021 to on or about 4 February 2022. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review where the findings and sentence have been upheld.

SENTENCE

On 19 September 2022, a military judge sentenced Staff Sergeant Bueno to the following: Reduction to pay grade E-3. Confinement for a total of thirty days. Specification 1 of Charge I: confinement for thirty days. Forfeiture of $1,600.00 pay per month for six months.