United States v. Sweats ( 2020 )

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).
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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.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
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