United States v. JONES

CourtNavy-Marine Corps Court of Criminal Appeals
DecidedMay 16, 2025
Docket202400441
StatusPublished

This text of United States v. JONES (United States v. JONES) is published on Counsel Stack Legal Research, covering Navy-Marine Corps Court of Criminal Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. JONES, (N.M. 2025).

Opinion

This opinion is subject to administrative correction before final disposition.

Before DALY, GROSS, and de GROOT Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Nathaniel H. JONES Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 202400441

Decided: 16 May 2025

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Ryan Sears

Sentence adjudged 27 June 2024 by a special court-martial tried at Ma- rine Corps Base Quantico, Virginia, consisting of a military judge sit- ting alone. Sentence in the Entry of Judgment: confinement for 150 days and a bad-conduct discharge. 1

For Appellant: Lieutenant Colonel Todd F. Eslinger, USMC

1 Appellant was credited with having served 88 days of pretrial confinement. United States v. Jones, NMCCA No. 202400441 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. 2 However, we note that the Entry of Judgment does not comply with Rule for Courts-Martial 1111(b)(2) in that it incorrectly reflected the plea and find- ing for Charge I. Although we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceeding. Ac- cordingly, 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

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

2 UNITED STATES NMCCA NO. 202400441

v. ENTRY OF Nathaniel H. JONES JUDGMENT Lance Corporal (E-3) U.S. Marine Corps As Modified on Appeal Accused 16 May 2025

On 27 June 2024, the Accused was tried at Marine Corps Base Quantico, Quantico, Virginia, by a special court-martial, consisting of a military judge sitting alone. Mili- tary Judge Ryan Sears, presided.

FINDINGS

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

Charge I: Violation of Article 128b, Uniform Code of Military Justice, 10 U.S.C. § 928b. Plea: Guilty. Finding: Guilty.

Specification 1: (Domestic Violence – Assault by Strangulation) In that Lance Corporal Nathaniel H. Jones, U.S. Marine Corps, on active duty, did, on board Marine Corps Base Quantico, Virginia, on or about 30 March 2024, commit an assault upon Mrs. M.J., the spouse of the said Lance Corporal Nathaniel H. Jones, by unlawfully strangling her with his arms. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice, to ripen into prejudice upon completion of appellate review. United States v. Jones, NMCCA No. 202400441 Modified Entry of Judgment

Specification 2: (Domestic Violence – Violent Offense) In that Lance Corporal Nathaniel H. Jones, U.S. Marine Corps, on active duty, did, on board Marine Corps Base Quantico, Virginia, on or about 30 March 2024, commit a violent offense against Mrs. M.J., the spouse of said Lance Corporal Nathaniel H. Jones, to wit: A) unlawfully grab Mrs. M.J.’s left arm with his hand; B) unlawfully kick Mrs. M.J.’s left arm with his foot; C) unlawfully kick Mrs. M.J.’s ribs with his foot; D) unlawfully kick Mrs. M.J.’s left leg with his foot a violation of Article 128, UCMJ – Assault Consummated by a Battery. Plea: Guilty. Finding: Guilty.

Specification 3: (Domestic Violence – Violent Offense) In that Lance Corporal Nathaniel H. Jones, U.S. Marine Corps, on active duty, did, on board Marine Corps Base Quantico, Virginia, between on or about 1 January 2023 and on or about 13 June 2023, commit a violent offense against Mrs. M.J., the spouse of said Lance Corporal Nathaniel H. Jones, to wit: with the intent to inflict bodily harm, commit an assault upon Mrs. M.J. by pointing at her with a dangerous weapon, to wit: a loaded shotgun, and telling Mrs. M.J., “you deserve to die,” or words to that effect. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice, to ripen into prejudice upon completion of appellate review.

Specification 4: (Domestic Violence – Violation of Protection Order With Intent to Intimidate) In that Lance Corporal Nathaniel H. Jones, U.S. Marine Corps, on active duty, did, at or near Stafford, Virginia, on one or more occasions, between on or about 3 April 2024 and on or about 24 May 2024, with the intent to intimidate the spouse of the said Lance Corporal Nathaniel H. Jones, wrongfully violate a protection order issued by Colonel Darryl G. Ayers, U.S. Marine Corps, dated 3 April 2024, by communicating with Mrs. M.J. via telephone, electronic message, video conference, and through a third party. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice, to ripen into prejudice upon completion of appellate review.

2 United States v. Jones, NMCCA No. 202400441 Modified Entry of Judgment

Charge II: Violation of Article 90, Uniform Code of Military Justice, 10 U.S.C. § 890. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice, to ripen into prejudice upon completion of appellate review.

Specification: (Willfully Disobeying a Superior Commissioned Officer) In that Lance Corporal Nathaniel H. Jones, U.S. Marine Corps, on active duty, having received a lawful command from Colonel Darryl G. Ayers, U.S. Marine Corps, his superior commissioned officer, then known by the said Lance Corporal Nathaniel H. Jones to be his superior officer, to not initiate any contact or communication with Mrs. M.J., or words to that effect, did, at or near Stafford Virginia, on one or more occasions, between on or about 3 April 2024 and on or about 24 May 2024, willfully disobey the same. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice, to ripen into prejudice upon completion of appellate review.

Charge III: 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.

Specification 1: (Failure to Obey Lawful General Order) In that Lance Corporal Nathaniel H. Jones, U.S. Marine Corps, on active duty, did, on board Marine Corps Base Quantico, Virginia, on or about 31 March 2024, fail to obey a lawful general order, which was his duty to obey, to wit: paragraph (3) of enclosure (1) of Marine Corps Installations National Capital Region – Marine Corps Base Quantico Order 5501, dated 20 May 2019, by wrongfully failing to register one or more privately- owned firearms. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice, to ripen into prejudice upon completion of appellate review.

Specification 2: (Failure to Obey Lawful General Order) In that Lance Corporal Nathaniel H. Jones, U.S. Marine Corps, on active duty, did, on board Marine Corps Base Quantico, Virginia, on or about 30 March 2024, fail to

3 United States v. Jones, NMCCA No. 202400441 Modified Entry of Judgment

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
United States v. JONES, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jones-nmcca-2025.