United States v. JEFFERSON

This opinion is subject to administrative correction before final disposition.

Before MONAHAN, STEPHENS, and DEERWESTER Appellate Military Judges _________________________ UNITED STATES Appellee v. Deantwan I. JEFFERSON Lance Corporal (E-3), U.S. Marine Corps Appellant No. 202100244 Decided: 29 December 2021 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Terrance J. Reese Sentence adjudged 25 May 2021 by a general court-martial convened at Marine Corps Base Camp Butler, Okinawa, Japan, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 24 months, and a dishonorable 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. Jefferson, NMCCA No. 202100244 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. Although we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceeding. 2 In accordance with Rule for Courts-Martial [RCM] 1111(c)(2), we modify the Entry of Judgment and direct that it be included in the record. 3 The findings and sentence as contained in the modified Entry of Judg- ment are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

UNITED STATES NMCCA NO. 202100244 v. ENTRY OF Deantwan I. Jefferson JUDGMENT Lance Corporal (E-3), U.S. Marine Corps As Modified on Appeal Accused December 2021

On 25 May 2021, the Accused was tried at Marine Corps Base Camp Butler, Okinawa, Japan, by a general 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 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 October 2020.

Plea: Guilty.

Finding: Guilty.

Charge II: Violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928.

Plea: Guilty.

Finding: Guilty.

United States v. Jefferson, NMCCA No. 202100244 Modified Entry of Judgment Specification 1: Aggravated assault inflicting grievous bodily harm on or about 31 October 2020.

Plea: Guilty.

Finding: Guilty.

SENTENCE On 25 May 2021, a military judge sentenced the Accused to the following sentence: Reduction to the pay grade of E-1.

For the sole Specification of Charge I: confinement for 24 months.

For the sole Specification of Charge II: confinement for 24 months.

The terms of confinement will run concurrently.

Confinement for a total of 24 months.

A dishonorable discharge.

The Accused has served 205 days of pretrial confinement and shall be credited with 205 days of confinement already served, to be deducted from the adjudged sentence to confinement.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court