United States v. BOCARDOCOVARRUBIAS

Before HACKEL, KIRKBY, and GROSS Appellate Military Judges _________________________ UNITED STATES Appellee v. Aaron U. BOCARDOCOVARRUBIAS Corporal (E-4), U.S. Marine Corps Appellant No. 202300210 _________________________ Decided: 22 January 2024 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Douglas C. Hatch Sentence adjudged 1 May 2023 by a general court-martial convened at Camp Pendleton, California, consisting of a military judge sitting alone.

Sentence in the Entry of Judgment: reduction to E-1, confinement for months, forfeiture of all pay and allowances, and a dishonorable dis- charge. 1 For Appellant: Lieutenant Commander Matthew A. Kozyra, JAGC, USN

United States v. BocardoCovarrubias, NMCCA No. 202300210 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, and Appellant having not challenged the factual sufficiency of this case, we have determined that the findings are correct in law, the sentence is correct in law and fact, and that no error materially prejudicial to Appellant’s substan- tial 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 en- titled to have court-martial records that correctly reflect the content of his pro- ceeding. 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:

MARK K. JAMISON Clerk of Court

UNITED STATES NMCCA NO. 202300210 v. ENTRY OF Aaron U. BOCARDOCOVARU- JUDGMENT BIAS Corporal (E-4) As Modified on Appeal U.S. Marine Corps Accused 22 January 2024

On 1 May 2023, the Accused was tried at Marine Corps Base Camp Pendleton by a general court-martial, consisting of a military judge sitting alone. Military Judge Douglas C. Hatch, 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 134, Uniform Code of Military Justice, 10 U.S.C. § 934.

Plea: Guilty.

Finding: Guilty.

Specification 1: Wrongfully view child pornography from 1 November 2021 to 1 November 2022.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification 2: Wrongfully possess child pornography from 1 November 2021 to 1 November 2022.

Plea: Guilty.

Finding: Guilty.

United States v. BocardoCovarubias, NMCCA No. 202300210 Modified Entry of Judgment SENTENCE On 1 May 2023, a military judge sentenced the Accused to the following: Reduction to pay grade E-1.

Confinement For the Specification 2 of the Charge: confinement for 24 months.

Confinement for a total of 24 months.

Forfeiture of all pay and allowances.

A dishonorable discharge.

The Accused shall be credited with 173 days of pretrial confinement.

FOR THE COURT:

MARK K. JAMISON Clerk of Court