United States v. Sweats

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: December 11, 2020
• Docket: 202000059
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, ATTANASIO, and HOUTZ Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Jordan R. SWEATS Sergeant (E-5), U.S. Marine Corps Appellant

No. 202000059

Decided: 11 December 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Stephen F. Keane

Sentence adjudged 30 December 2019 by a special court-martial con- vened at Camp Pendleton, California consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 60 days, forfeiture of $1,000 pay per month for 2 months, and a bad-conduct discharge.

For Appellant: Lieutenant Commander Shawn K. Collins, JAGC, USNR

For Appellee: Brian K. Keller, Esq.

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a). United States v. Sweats, NMCCA No. 202000059 Opinion of the Court

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. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866. However, we note that while the Entry of Judgment [EOJ] correctly re- flects the plea and finding to the Specification of Charge IV, the EOJ incor- rectly labels this offense as “Extramarital sexual conduct” rather than the offense charged—adultery. 1 In addition, the EOJ erroneously states that the convening authority took no action on the sentence where, in fact, the conven- ing authority [CA] explicitly approved the sentence as adjudged. Although we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceeding. United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998). In accordance with Rule for Courts-Martial 1111(c)(2), we modify the EOJ and direct that it be included in the record. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

1 Appellant committed adultery on or about 30 September 2017, prior to the Pres- ident’s enumeration of extramarital sexual conduct as an offense that may be charged under Article 134, UCMJ, 10 U.S.C. § 934. See Exec. Order No. 13825, 83 Fed. Reg. 9889 (Mar. 8, 2018) (effective Jan. 1, 2019).

2 UNITED STATES NMCCA NO. 202000059

v. ENTRY OF Jordan R. SWEATS JUDGMENT Sergeant (E-5) U.S. Marine Corps As Modified on Appeal Accused 11 December 2020

On 30 December 2019, the Accused was tried at Marine Corps Base Camp Pend- leton, California, by a special court-martial, consisting of a military judge sitting alone. Military Judge Stephen F. Keane 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 92, Uniform Code of Military Justice, 10 U.S.C. § 892. Plea: Guilty. Finding: Guilty.

Specification: Violation of a lawful general order on or about 30 September 2017. Plea: Guilty. Finding: Guilty.

Charge II: Violation of Article 107, Uniform Code of Military Justice, 10 U.S.C. § 907. Plea: Guilty. Finding: Guilty. United States v. Sweats, NMCCA No. 202000059 Modified Entry of Judgment

Specification: False official statement on or about 13 July 2018. Plea: Guilty. Finding: Guilty.

Charge III: Violation of Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920. Plea: Not Guilty. Finding: Dismissed.

Specification: Sexual assault on or about 30 September 2017. Plea: Not Guilty. Finding: Dismissed.

Charge IV: Violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. Plea: Guilty. Finding: Guilty.

Specification: Adultery on or about 30 September 2017. Plea: Guilty. Finding: Guilty.

SENTENCE

On 30 December 2019, a military judge sentenced the Accused to the following: Reduction to pay grade E-1. Confinement for 60 days. Forfeiture of $1,000 pay per month for 2 months. A bad-conduct discharge. The convening authority approved the sentence as adjudged.