United States v. HUNTER ( 2021 )

This opinion is subject to administrative correction before final disposition.
Before
GASTON, HOUTZ, and MYERS
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Terrell T. HUNTER
Machinist’s Mate First Class (E-6), U.S. Navy
Appellant
No. 202100159
Decided: 8 November 2021
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Benjamin C. Robertson
Sentence adjudged 16 February 2021 by a general court-martial
convened at Fleet Activities Yokosuka, Japan, consisting of a military
judge sitting alone. Sentence in the Entry of Judgment: reduction to
E-1, confinement for 67 months, 1 and a dishonorable discharge.
For Appellant:
Major Brian L. Farrell, USMC
For Appellee:
Brian K. Keller, Esq.
1 The convening authority suspended confinement in excess of 36 months pursu-
ant to a pretrial agreement.
United States v. Hunter, NMCCA No. 202100159
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. 2
However, we note that the Entry of Judgment does not accurately reflect
the disposition of the charges. 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
2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
3 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).
2
UNITED STATES NMCCA NO. 202100159
v. ENTRY
OF
Terrell T. HUNTER JUDGMENT
Machinist’s Mate First Class (E-6)
U. S. Navy As Modified on Appeal
Accused
8 November 2021
On 2 October 2020 and 16 February 2021, the Accused was tried at Fleet Activi-
ties Yokosuka, Japan, by a general court-martial consisting of a military judge
sitting alone. Military Judge Benjamin C. Robertson 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 131b, Uniform Code of Military Justice,
10 U.S.C. § 931b.
Plea: Not Guilty.
Finding: Dismissed.
Specification: Obstruction of Justice on or about 3 August 2019.
Plea: Not Guilty.
Finding: Dismissed.
Charge II: Violation of Article 134, Uniform Code of Military Justice,
10 U.S.C. § 934.
Plea: Guilty.
Finding: Guilty.
United States v. Hunter, NMCCA No. 202100159
Modified Entry of Judgment
Specification 1: Possession of Child Pornography on or about 2 August
2019 on DropBox.com account.
Plea: Guilty.
Finding: Guilty.
Specification 2: Possession of Child Pornography on or about 2 August
2019 on Box.com account.
Plea: Guilty.
Finding: Guilty.
Specification 3: Possession of Child Pornography between about June
2019 to about August 2019.
Plea: Guilty.
Finding: Guilty.
Specification 4: Viewing Child Pornography on divers occasions
between about July 2015 and about August 2019.
Plea: Guilty.
Finding: Guilty.
SENTENCE
On 16 February 2021, a military judge sentenced the Accused to the following:
Reduction to pay grade E-1.
Confinement for 67 months.
A dishonorable discharge.
The convening authority suspended confinement in excess of 36 months for a
period of 12 months, at which time, unless sooner vacated, the suspended confine-
ment will be remitted without further action.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2