United States v. Dowdy ( 2021 )

This opinion is subject to administrative correction before final disposition.
Before
GASTON, STEWART, and GERRITY
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Joseph T. DOWDY
Private (E-1), U.S. Marine Corps
Appellant
No. 201900261
Appeal from the United States Navy-Marine Corps Trial Judiciary
Decided: 5 February 2021
Military Judge:
Terrance J. Reese
Sentence adjudged 11 June 2019 by a special court-martial convened
at Camp Lejeune, North Carolina, consisting of a military judge
sitting alone. Sentence in the Entry of Judgment: confinement for 146
days and a bad-conduct discharge. 1
For Appellant:
Lieutenant Commander Erin L. Alexander, JAGC, USN
For Appellee:
Lieutenant Gregory A. Rustico, JAGC, USN
Lieutenant Joshua Fiveson, JAGC, USN
1 Pursuant to a pretrial agreement, the convening authority disapproved all
confinement in excess of the 142 days Appellant served in pretrial confinement.
United States v. Dowdy, NMCCA No. 201900261
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. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C.
§§ 859, 866.
However, the Entry of Judgment incorrectly noted that Appellant’s sen-
tence included reduction to E-1, which was not part of the sentence adjudged
by the Military Judge. Although we find no prejudice from this error,
Appellant is entitled to have court-martial records and findings of guilt
correctly reflect the content of his proceeding. 2 Accordingly, 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 as corrected are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).
2
United States v. Dowdy, NMCCA No. 201900261
Modified Entry of Judgment
UNITED STATES NMCCA NO. 201900261
v. ENTRY
OF
Joseph T. DOWDY JUDGMENT
Private (E-1)
U.S. Marine Corps As Modified on Appeal
Accused
5 February 2021
On 11 June 2019, the Accused was tried at Marine Corps Base Camp Lejeune,
North Carolina, by a special court-martial, consisting of a military judge sitting
alone. Military Judge Terrance J. Reese, 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 90, Uniform Code of Military Justice,
10 U.S.C. § 890.
Plea: Guilty.
Finding: Guilty.
Specification 1: Willful Disobedience of a Superior Commissioned
Officer between 3 August and 11 September 2018.
Plea: Not Guilty.
Finding: Dismissed.
Specification 2: Willful Disobedience of a Superior Commissioned
Officer between 11 September and 11 December 2018.
Plea: Guilty.
Finding: Guilty.
1
United States v. Dowdy, NMCCA No. 201900261
Modified Entry of Judgment
Specification 3: Willful Disobedience of a Superior Commissioned
Officer between 14 January and 5 February 2019.
Plea: Guilty.
Finding: Guilty.
Charge II: Violation of Article 112a, Uniform Code of Military Justice,
10 U.S.C. § 912a.
Plea: Guilty.
Finding: Guilty.
Specification 1: Wrongful Use of a Controlled Substance (Cocaine)
between 1 and 4 December 2018.
Plea: Guilty.
Finding: Guilty.
Specification 2: Wrongful Use of a Controlled Substance (Cocaine)
between 2 and 5 February 2019.
Plea: Guilty.
Finding: Guilty.
Specification 3: Wrongful Use of a Controlled Substance (Marijuana)
between 27 January and 5 February 2019.
Plea: Guilty.
Finding: Guilty.
Charge III: Violation of Article 121, Uniform Code of Military Justice,
10 U.S.C. § 921.
Plea: Not Guilty.
Finding: Dismissed.
Specification: Larceny of Non-Military Property of a Value of $500 or
less on 20 November 2018.
Plea: Not Guilty.
Finding: Dismissed.
SENTENCE
On 11 June 2019, the military judge sentenced the Accused to the following:
Confinement for 146 days.
A bad-conduct discharge.
2
United States v. Dowdy, NMCCA No. 201900261
Modified Entry of Judgment
The Accused was credited with 142 days served in pretrial confinement.
The convening authority disapproved all confinement in excess of time served.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
3