United States v. KRETZ

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: January 9, 2024
• Docket: 202300078
• Status: Published

Opinion

Before KISOR, DALY, and MIZER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Jordan L. KRETZ Gunnery Sergeant (E-7), U.S. Marine Corps Appellant

No. 202300078

Decided: 9 January 2024

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Yong J. Lee

Sentence adjudged 16 December 2022 by a special court-martial con- vened at Marine Corps Air Station Miramar, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduc- tion to E-1, confinement for two months, and a bad-conduct discharge.

For Appellant: Commander Kyle C. Kneese, JAGC, USN United States v. Kretz, NMCCA No. 202300078 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, and Appellant having not challenged the factual sufficiency of this case, we have determined that the findings are correct in law, the sentence is correct in law and fact, and that no error materially prejudicial to Appellant’s substan- tial rights occurred. 1 However, we note that the Entry of Judgment does not accurately reflect the plea and finding to the sole Specification of Charge II. Although we find no prejudice, Appellant is entitled to have court-martial records that correctly re- flect the content of his proceeding. 2 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 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).

2 UNITED STATES NMCCA NO. 202300078

v. ENTRY OF Jordan L. KRETZ JUDGMENT Gunnery Sergeant (E-7) U.S. Marine Corps As Modified on Appeal Accused 9 January 2024

On 16 December 2022, the Accused was tried at Marine Corps Air Station Miramar, California, by a special court-martial, consisting of a military judge sitting alone. Military Judge Yong J. Lee 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 120, Uniform Code of Military Justice, 10 U.S.C. § 920. Plea: Not Guilty. Finding: W/D.

Specification: Abusive sexual contact on or about 16 September 2021. Plea: Not Guilty. Finding: W/D.

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

Specification: Assault consummated by a battery on or about 16 September 2021. United States v. Kretz, NMCCA No. 202300078 Modified Entry of Judgment

Plea: Guilty. Finding: Guilty.

Additional Charge: Violation of Article 92, Uniform Code of Military Justice, 10 U.S.C. § 892. Plea: Guilty. Finding: Guilty.

Specification: Violation of a Lawful General Regulation on or about 16 September 2021. Plea: Guilty. Finding: Guilty.

SENTENCE

On 16 December 2022, a military judge sentenced the Accused to the fol- lowing: Reduction to pay grade E-1. Confinement for a total of 2 months. For Specification Charge II: confinement for 2 months. For Specification the Additional Charge: confinement for 2 months. The terms of confinement will run concurrently. A bad-conduct discharge.