United States v. Wilson ( 2022 )

This opinion is subject to administrative correction before final disposition.
Before
HOUTZ, MYERS, and KISOR
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
David A. WILSON
Staff Sergeant (E-6), U.S. Marine Corps
Appellant
No. 202100344
_________________________
Decided: 29 September 2022
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judges:
Derek A. Poteet (arraignment)
Stephen F. Keane (trial)
Sentence adjudged 14 September 2021 by a general court-martial con-
vened at Marine Corps Recruit Depot San Diego, California, consisting
of a military judge sitting alone. Sentence in the Entry of Judgment:
reduction to E-1, confinement for 23 months, forfeitures of all pay and
allowances, and a dishonorable discharge.
For Appellant:
Lieutenant Commander Matthew A. Kozyra, JAGC, USN
United States v. Wilson, NMCCA No. 202100344
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 does not accurately reflect
the disposition of the charges. The original Entry of Judgment incorrectly
stated that Appellant was awarded a bad-conduct discharge rather than a dis-
honorable discharge. Although we find no prejudice, Appellant is entitled to
have court-martial records that correctly reflect 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).
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UNITED STATES NMCCA NO. 202100344
v. ENTRY
OF
David A. WILSON JUDGMENT
Staff Sergeant (E-6)
U.S. Marine Corps As Modified on Appeal
Accused
29 September 2022
On 14 September 2021, the Accused was tried at Marine Corps Recruit Depot San
Diego, California, by a general 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 128, Uniform Code of Military Justice,
10 U.S.C. § 928.
Plea: Guilty
Finding: Guilty
Specification 1: Assault consummated by a battery between on or
about 1 April 2016 and 30 April 2016.
Plea: Guilty
Finding: Guilty
Specification 2: Aggravated assault by a means likely to produce death
or grievous bodily harm on or about 13 October 2018.
Plea: Not Guilty, but guilty of the lesser included offense of
Article 128, assault consummated by a battery.
Finding: Guilty of the lesser included offense of assault
consummated by a battery.
United States v. Wilson, NMCCA No. 202100344
Modified Entry of Judgment
Specification 3: Assault consummated by a battery on or about 13
October 2018.
Plea: Guilty
Finding: Guilty
Specification 4: Assault consummated by a battery upon an intimate
partner on or about 15 March 2019.
Plea: Not Guilty
Finding: Dismissed
Specification 5: Assault consummated by a battery upon an intimate
partner on or about 7 April 2019.
Plea: Guilty
Finding: Guilty
Specification 6: Assault consummated by a battery upon an intimate
partner on or about 7 April 2019.
Plea: Guilty
Finding: Guilty
Specification 7: Assault consummated by a battery upon an intimate
partner on or about 7 April 2019.
Plea: Guilty
Finding: Guilty
Charge II: Violation of Article 120, Uniform Code of Military Justice,
10 U.S.C. § 920.
Plea: Not Guilty
Finding: Dismissed
Specification: Rape by threatening or placing another person in fear
on or about 7 April 2019.
Plea: Not Guilty
Finding: Dismissed
SENTENCE
On 14 September 2021, a military judge sentenced the Accused to the following:
Reduction to pay grade E-1.
For Specification 1 of Charge I:
confinement for 6 months.
2
United States v. Wilson, NMCCA No. 202100344
Modified Entry of Judgment
For Specifications 2 and 3 of Charge I:
confinement for 6 months.
For Specification 5 of Charge I:
confinement for 23 months.
For Specification 6 of Charge I:
confinement for 12 months.
For Specification 7 of Charge I:
confinement for 23 months.
The terms of confinement will run concurrently.
Specifications 2 and 3 of Charge I were merged for sentencing.
Forfeiture of all pay and allowances.
Confinement for a total of 23 months.
A dishonorable discharge.
FOR THE COURT:
MARK K. JAMISON
Clerk of Court
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