United States v. Rangel ( 2022 )

This opinion is subject to administrative correction before final disposition.
Before
GASTON, BAKER, and MYERS
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Aztavo R. RANGEL
Boatswain’s Mate Third Class (E-4), U.S. Navy
Appellant
No. 202100233
Decided: 26 January 2022
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Donald R. Ostrom
Sentence adjudged 14 May 2021 by a special court-martial convened at
Naval Station Norfolk, Virginia, consisting of a military judge sitting
alone. Sentence in the Entry of Judgment: reduction to E-1, confine-
ment for 210 days, and a bad-conduct discharge.
For Appellant:
Commander C. Eric Roper, JAGC, USN
_________________________
This opinion does not serve as binding precedent under
NMCCA Rule of Appellate Procedure 30.2(a).
_________________________
United States v. Rangel, NMCCA No. 202100233
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. 1
However, we note that the Entry of Judgment does not accurately reflect
the disposition of the charges. Although we find no prejudice, Appellant is en-
titled to have court-martial records that correctly reflect the content of his pro-
ceeding. 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:
RODGER A. DREW, JR.
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. 202100233
v. ENTRY
OF
Aztavo R. RANGEL JUDGMENT
Boatswain’s Mate Third Class (E-4),
U. S. Navy As Modified on Appeal
Accused
26 January 2022
On 14 May 2021, the Accused was tried at Naval Station Norfolk, Virginia, by
special court-martial consisting of a military judge sitting alone. Military Judge Don-
ald R. Ostrom presided.
FINDINGS
The following are the Accused’s pleas and the Court’s finding to all offenses the
convening authority referred to trial:
Charge I: Violation of Article 81, Uniform Code of Military Justice,
10 U.S.C. § 881.
Plea: Guilty.
Finding: Guilty.
Specification 1: Conspiracy to wrongfully distribute a controlled
substance from on or about May 2019 to on or about
May 2020.
Plea: Not Guilty.
Finding: Dismissed.
Specification 2: Conspiracy to wrongfully introduce a controlled
substance onto vessels and an installation used by the
armed forces, with intent to distribute, from on or
about May 2019 to on or about May 2020.
Plea: Guilty.
Finding: Guilty.
3
United States v. Rangel, NMCCA No. 202100233
Modified Entry of Judgment
Charge II: Violation of Article 112a, Uniform Code of Military Justice,
10 U.S.C. § 912a.
Plea: Guilty.
Finding: Guilty.
Specification 1: Wrongful distribution of lysergic acid diethylamide on
divers occasions from on or about May 2019 to on or
about May 2020.
Plea: Guilty.
Finding: Guilty.
Specification 2: Wrongful use of lysergic acid diethylamide on divers
occasions from on or about November 2019 to on or
about January 2020.
Plea: Not Guilty.
Finding: Dismissed.
Specification 3: Wrongful introduction of lysergic acid diethylamide on
divers occasions onto a vessel under control of the
armed forces from on or about September 2019 to on or
about May 2020.
Plea: Guilty.
Finding: Guilty.
SENTENCE
On 14 May 2021, the military judge sentenced the Accused to the following:
Reduction to pay grade E-1.
Confinement for a total of 210 days, as follows:
For Specification 2 of Charge I:
confinement for 210 days.
For Specification 1 of Charge II:
confinement for 210 days.
For Specification 3 of Charge II:
confinement for 210 days.
The terms of confinement will run concurrently.
A bad-conduct discharge.
4
United States v. Rangel, NMCCA No. 202100233
Modified Entry of Judgment
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
5