United States v. Hopper ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
TANG, LAWRENCE, and GERRITY
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Gerald A. HOPPER
Staff Sergeant (E-6), U.S. Marine Corps
Appellant
No. 201900335
Decided: 30 April 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judges:
Keaton H. Harrell (arraignment)
K. Scott Woodard (trial)
Sentence adjudged 16 August 2019 by a general court-martial con-
vened at Marine Corps Base Camp Lejeune, North Carolina, consist-
ing of a military judge sitting alone. Sentence in the Entry of Judg-
ment: reduction to E-1, confinement for 18 months, and a bad-conduct
discharge. 1
For Appellant:
Lieutenant Commander W. Scott Stoebner, JAGC, USN
1 The Convening Authority suspended confinement in excess of 9 months for 12
months from the date of the Convening Authority’s Action pursuant to a pretrial
agreement.
United States v. Hopper, NMCCA No. 201900335
Opinion of the Court
For Appellee:
Brian K. Keller, Esq.
_________________________
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 approved findings and sentence are
correct in law and fact and that no error materially prejudicial to Appellant’s
substantial rights occurred. Articles 59, 66, Uniform Code of Military Justice,
10 U.S.C. §§ 859, 866.
However, we note that the Entry of Judgment is incomplete, as Block 34
(Sentence adjudged, accounting for any modifications by reason of any post-
trial action by the convening authority) only lists the adjudged sentence and
does not address the suspension of all confinement over 9 months for a period
of 12 months from the date of the Convening Authority’s Action. However,
this suspension was reflected in Block 28 of the Post-Trial Action (Convening
Authority’s Action) and Block 35 of the Entry of Judgment (Deferment of
Waiver and Forfeitures). Although we find no prejudice from this error,
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 this Court’s authority under 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
2
United States v. Hopper, NMCCA No. 201900335
Modified Entry of Judgment
UNITED STATES NMCCA NO. 201900335
v. ENTRY
OF
Gerald A. HOPPER JUDGMENT
Staff Sergeant (E-6)
U.S. Marine Corps As Modified on Appeal
Accused
30 April 2020
On 31 May 2019 and 16 August 2019, the Accused was tried at Marine Corps
Base Camp Lejeune, North Carolina, by a general court-martial, consisting of a
military judge sitting alone. Military Judges Keaton H. Harrell and K. Scott
Woodard, presided.
FINDINGS
The following are the Accused’s pleas and the Court’s findings to all offenses the
convening authority referred to trial:
Charge: Violation of Article 80, Uniform Code of Military Justice,
10 U.S.C. § 880.
Plea: Guilty.
Finding: Guilty.
Specification: Attempted Sexual Abuse of a Child by Indecent
Communication between on or about 26 June 2018 and
on or about 3 July 2018.
Plea: Guilty, except for certain words.
Finding: Guilty of the Specification as excepted; the excepted
words were withdrawn and dismissed without prejudice, to
ripen into prejudice upon completion of appellate review.
1
United States v. Hopper, NMCCA No. 201900335
Modified Entry of Judgment
SENTENCE
On 16 August 2019, a military judge sentenced the Accused to the following:
Reduction to pay grade E-1.
Confinement for 18 months.
A bad-conduct discharge.
The convening authority suspended confinement in excess of 9 months for a peri-
od of 12 months from 26 November 2019.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2