<p data-block-key=\icz2e\">U.S. v. Marshall</p>"

This opinion is subject to administrative correction before final disposition.

Before DALY, GROSS and de GROOT Appellate Military Judges _________________________ UNITED STATES Appellee v. Isaiah S. MARSHALL Aviation Boatswain’s Mate Launch and Recovery Petty Officer Second Class (E-5), U.S. Navy Appellant No. 202400133 _________________________ Decided: 31 October 2024 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judges: Mishonda M. Mosley Sentence adjudged 22 February 2024 by a general court-martial tried at Region Legal Service Office Mid-Atlantic, Norfolk, Virginia, consist- ing of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for four years, and a bad-conduct dis- charge. 1

United States v. Marshall, NMCCA No. 202400133 Opinion of the Court For Appellant: Lieutenant Jesse B. Neumann, JAGC, USN _________________________ 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 failed to describe the seg- mented sentence announced on the record, and also failed to include Appel- lant’s pretrial confinement credit. 3 Additionally, the sole Specification of Charge VII was incorrectly listed. 4 Although we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceeding. 5 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:

MARK K. JAMISON Clerk of Court

UNITED STATES NMCCA NO. 202400133 v. ENTRY OF Isaiah S. MARSHALL JUDGMENT Aviation Boatswain’s Mate Launch and Recovery Petty Officer Second Class (E-5) As Modified on Appeal U.S. Navy October 2024 Accused

On 22 February 2024, the Accused was tried at Region Legal Service Office Mid-Atlantic, Norfolk, Virginia, by a general court-martial, consisting of a mil- itary judge sitting alone. Military Judge Mishonda M. Mosley presided.

FINDINGS The following are the Accused’s pleas and the Court’s findings to all of- fenses the convening authority referred to trial: Charge I: Violation of Article 120b, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 920b.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification 1: at or near Norfolk, Virginia on divers occasions between 1 January 2019 and 23 October 2019, commit sexual assault of a minor.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification 2: at or near Norfolk, Virginia on divers occasions between 1 January 2019 and 23 October 2019, commit sexual assault of a minor.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

United States v. Marshall, NMCCA No. 202400133 Opinion of the Court Charge II: Violation of Article 128b, Uniform Code of Military Justice, 10 U.S.C. § 928b.

Plea: Guilty.

Finding: Guilty.

Specification 1: at or near Norfolk, Virginia on divers occasions between 1 January 2019 and 25 July 2022, commit a violent offense against the intimate partner of the accused.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification 2: at or near Norfolk, Virginia on or about 25 July 2022, commit a violent offense against the intimate partner of the accused.

Plea: Guilty.

Finding: Guilty.

Specification 3: at or near Norfolk, Virginia on or about 25 July 2022, commit an offense with the intent to threaten or intimidate the intimate partner of the accused.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Charge III: Violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934.

Plea: Guilty.

Finding: Guilty.

Specification 1: at or near Norfolk, Virginia on divers occasions between 1 January 2019 and 23 October 2021, produce child pornography.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification 2: at or near Norfolk, Virginia on divers occasions between 1 May 2023 and 14 June 2023, possess child pornography.

Plea: Guilty.

Finding: Guilty.

United States v. Marshall, NMCCA No. 202400133 Opinion of the Court Specification 3: at or near Norfolk, Virginia on divers occasions between 1 May 2023 and 14 June 2023, distribute child pornography.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Charge IV: Violation of Article 90, Uniform Code of Military Justice, 10 U.S.C. § 890.

Plea: Guilty by Exceptions and Substitutions.

Finding: Guilty, except for the words “by sending Ms. Deria Benitsky a text message” and substituting the words, “by telling a third party to send a message to Deria Benitsky.”

Specification: at or near Norfolk, Virginia on 13 October 2023, willfully disobey a superior commissioned officer.

Plea: Guilty by Exceptions and Substitutions.

Finding: Guilty, except for the words “by sending Ms. Deria Benitsky a text message” and substituting the words, “by telling a third party to send a message to Deria Benitsky.”

Charge V: Violation of Article 80, Uniform Code of Military Justice, 10 U.S.C. § 880.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification: at or near Portsmouth, Virginia between on or about 1 June 2023 and 14 October 2023, attempt to commit premeditated murder.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Charge VI: Violation of Article 92, Uniform Code of Military Justice, 10 U.S.C. § 892.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification: at or near Norfolk, Virginia on or about 14 October 2023, violate a lawful general order, to wit: paragraph (l) of Commander, Navy Region Mid-Atlantic Instruction 5820.2A dated 15 April 2015 by wrongfully transporting a firearm in his vehicle on Naval Air Station Oceana.

United States v. Marshall, NMCCA No. 202400133 Opinion of the Court Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Charge VII: Violation of Article 107, Uniform Code of Military Justice, 10 U.S.C. § 907.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification: at or near Virginia Beach, Virginia on or about June 2023, make a false official statement.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Charge VIII: Violation of Article 130, Uniform Code of Military Justice, 10 U.S.C. § 930.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification 1: at or near Portsmouth, Virginia on or about 1 January 2023 and 14 October 2023, commit stalking.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification 2: at or near Portsmouth, Virginia between 1 January 2023 and 14 October 2023, commit stalking.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Charge IX: Violation of Article 131b, Uniform Code of Military Justice, 10 U.S.C. § 931.

Plea: Guilty.

Finding: Guilty.

Specification 1: at or near Chesapeake, Virginia between 24 November 2023 and 7 December 2023, obstruct justice.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

United States v. Marshall, NMCCA No. 202400133 Opinion of the Court Specification 2: at or near Chesapeake, Virginia between 24 November 2023 and 7 December 2023, obstruct justice.

Plea: Guilty.

Finding: Guilty.

SENTENCE On 22 February 2024, a military judge sentenced the Accused to the follow- ing: Reduction to pay grade E-1.

Confinement for a total of four years.

Specification 2 of Charge II: confinement for thirty-six months.

Specification 2 of Charge III: confinement for four years.

Charge IV and its sole specification as excepted and substituted: confinement for twelve months.

Specification 2 of Charge IX: confinement for three years.

Confinement will run concurrently.

The Accused received 131 days of pretrial confinement credit.

Bad-Conduct Discharge.

FOR THE COURT:

MARK K. JAMISON Clerk of Court