United States v. BURGE

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: June 26, 2024
• Docket: 202400078
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, FLUHR, and GROSS Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Kobe N. BURGE Corporal (E-4), U.S. Marine Corps Appellant

No. 202400078

Decided: 26 June 2024

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Matthew M. Harris

Sentence adjudged 15 December 2023 by a special court-martial con- vened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: re- duction to E-1, confinement for three months, forfeiture of $1,000.00 pay per month for six months, and a bad-conduct discharge.

For Appellant: Commander Kyle C. Kneese, JAGC, USN United States v. Burge, NMCCA No. 202400078 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 that the Entry of Judgment (EOJ) does not provide suf- ficient information regarding the specifications to which Appellant pleaded guilty. 2 We recently defined the minimum requirements for what constitutes a summary of the charges and specifications in an EOJ. 3 Although we find no prejudice, Appellant is entitled to have court-martial records that correctly re- flect the content of his proceeding. 4 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 Block 11 of the EOJ (referring to the Specification of Charge I (Violation of

Article 134, UCMJ) as “violation of federal law” without a sufficient description of the incorporated offense: conduct in violation of 18 U.S.C. § 1343, an offense not capital. Additionally, the summary of charges in Block 11 of the EOJ does not contain the date that either offense was committed). 3 United States v. Wadaa, __ M.J. __, No. 202300273, 2024 CCA LEXIS 148 at *6

(N-M. Ct. Crim. App. Apr. 25, 2024). 4 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).

2 UNITED STATES NMCCA NO. 202400078

v. ENTRY OF Kobe N. BURGE JUDGMENT Corporal (E-4) U.S. Marine Corps As Modified on Appeal Accused 26 June 2024

On 15 December 2023, the Accused was tried at Marine Corps Base Camp Pendleton, California, by a special court-martial, consisting of a military judge sitting alone. Military Judge Matthew M. Harris 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 134, Uniform Code of Military Justice, 10 U.S.C. § 934. Plea: Guilty. Finding: Guilty.

Specification: Between 15 April 2021 and 24 July 2021, participate in a wire fraud scheme to obtain money, in violation of 18 U.S.C. § 1343, an offense not capital. Plea: Guilty. Finding: Guilty. United States v. Burge, NMCCA No. 202400078 Modified Entry of Judgment

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

Specification: Between 15 April 2021 and 24 July 2021, steal non-military property of the United States of a value of more than $1,000.00. Plea: Guilty. Finding: Guilty.

SENTENCE

On 15 December 2023, a military judge sentenced the Accused to the fol- lowing: Reduction to pay grade E-1. For the Specification of Charge I: confinement for three months. For the Specification of Charge II: confinement for three months. The terms of confinement will run concurrently. Confinement for a total of three months. Forfeiture of $1,000 pay per month for six months. A bad-conduct discharge.