United States v. Humphrey ( 2022 )

This opinion is subject to administrative correction before final disposition.
Before
GASTON, STARITA, and HACKEL
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
James T. HUMPHREY
Master-at-Arms Second Class (E-5), U.S. Navy
Appellant
No. 202100349
_________________________
Decided: 24 February 2022
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Justin R. McEwen
Sentence adjudged 29 September 2021 by a special court-martial con-
vened at Naval Support Activity Naples, Italy, consisting of a military
judge sitting alone. Sentence in the Entry of Judgment: reduction to
E-1, confinement for 10 months, and a bad-conduct discharge.
For Appellant:
Commander Michael E. Maffei, JAGC, USN
_________________________
This opinion does not serve as binding precedent under
NMCCA Rule of Appellate Procedure 30.2(a).
_________________________
United States v. Humphrey, NMCCA No. 202100349
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. 2 Although we find no prejudice, Appellant is
entitled to have court-martial records that correctly reflect the content of his
proceeding. 3 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 The Entry of Judgment included the pleas and findings for the specifications, but
not the charges. See Rule for Courts-Martial 1111(b)(1) (requiring the entry of judg-
ment to contain the pleas and findings for “each charge and specification referred to
trial”) (emphasis added).
3 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).
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This opinion is subject to administrative correction before final disposition.
UNITED STATES NMCCA NO. 202100349
v. ENTRY
OF
James T. HUMPHREY JUDGMENT
Master-at-Arms Second Class (E-5)
U.S. Navy As Modified on Appeal
Accused
24 February 2022
On 29 September 2021, the Accused was tried at Naval Support Activity Naples,
Italy, by a special court-martial, consisting of a military judge sitting alone. Military
Judge Justin R. McEwen 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
2 January 2020.
Plea: Guilty.
Finding: Guilty.
Charge II: Violation of Article 120b, Uniform Code of Military Justice,
10 U.S.C. § 920b.
Plea: Not Guilty.
Finding: Dismissed.
United States v. Humphrey, NMCCA No. 202100349
Modified Entry of Judgment
Specification: Sexual abuse of a child on or about 2 February 2014.
Plea: Not Guilty.
Finding: Dismissed.
Charge III: 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 upon M.H. in or
about April 2017.
Plea: Guilty
Finding: Guilty.
Specification 2: Assault consummated by a battery upon M.H. in or
about August 2018.
Plea: Guilty
Finding: Guilty.
Specification 3: Aggravated assault upon E.V. in or about August 2018.
Plea: Guilty
Finding: Guilty.
Specification 4: Assault consummated by a battery upon E.V. on or
about 9 October 2018.
Plea: Guilty
Finding: Guilty.
Specification 5: Aggravated assault upon E.V. in or about November
2018.
Plea: Guilty
Finding: Guilty.
Specification 6: Assault consummated by a battery upon E.V. on divers
occasions from in or about January 2019 to in or about
April 2019.
Plea: Guilty
Finding: Guilty.
Specification 7: Simple assault upon E.V. in or about October 2019.
Plea: Guilty
Finding: Guilty.
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United States v. Humphrey, NMCCA No. 202100349
Modified Entry of Judgment
SENTENCE
On 29 September 2021, a military judge sentenced the Accused to the following:
Reduction to pay grade E-1.
For the Specification of Charge I:
confinement for 6 months.
For Specification 1 of Charge III:
confinement for 6 months.
For Specification 2 of Charge III:
confinement for 6 months.
For Specification 3 of Charge III:
confinement for 10 months.
For Specification 4 of Charge III:
confinement for 6 months.
For Specification 5 of Charge III:
confinement for 10 months.
For Specification 6 of Charge III:
confinement for 10 months.
For Specification 7 of Charge III:
confinement for 10 months.
The terms of confinement will run concurrently.
Confinement for a total of 10 months.
A bad-conduct discharge.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
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