United States v. YUCIS

This opinion is subject to administrative correction before final disposition.

Before

DALY, BROWN, and GROSS

Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Zacharia C. YUCIS

Private First Class (E-2), U.S. Marine Corps Appellant

No. 202300044 _________________________ Decided: 16 January 2025 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judges:

Melanie J. Mann (arraignment) Andrea C. Goode (trial) Eric A. Catto (entry of judgment) Sentence adjudged 6 October 2022 by a general court-martial tried at Marine Corps Base Hawaii, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for eleven months, and a bad-conduct discharge. 1 For Appellant:

Commander Daniel C. LaPenta, JAGC, USN

1 Appellant was credited with serving 257 days of pretrial confinement. 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 not having challenged the factual sufficiency of his convic- tions, we have determined that the findings are correct in law and that the sentence is 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 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

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).

UNITED STATES NMCCA NO. 202300044 v. ENTRY OF Zachariah C. YUCIS JUDGMENT Private First Class (E-2)

U.S. Marine Corps As Modified on Appeal Accused

16 January 2025

On 6 October 2022, the Accused was tried at Marine Corps Base, Kanehoe Bay, Hawaii, by a general court-martial, consisting of a military judge sitting alone. Military Judge Andrea C. Goode 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 81, Uniform Code of Military Justice, 10 U.S.C. § 881.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification 1: Conspiracy to distribute a controlled substance between on or about 1 November 2021 and on or about 21 February 2022.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Charge II: Violation of Article 112a, Uniform Code of Military Justice, 10 U.S.C. § 912a.

Plea: Guilty.

Finding: Guilty.

Specification 1: Wrongful distribution of cocaine on divers occasions between on or about 1 November 2021 to on or about 21 February 2022.

Plea: Guilty.

Finding: Guilty.

Specification 2: Wrongful use of cocaine on divers occasions between on or about 1 November 2021 to on or about 21 February 2022.

Plea: Guilty.

Finding: Guilty.

Specification 3: Wrongful use of Ecstasy on divers occasions between on or about 1 November 2021 to on or about 21 February 2022.

Plea: Guilty.

Finding: Guilty.

Charge III: Violation of Article 115, Uniform Code of Military Justice, 10 U.S.C. § 915.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification 1: Communicating a threat between on or about 1 September 2021 and on or about 1 October 2021. Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification 2: Communicating a threat on or about 16 February 2022.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

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

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification: Assault upon a person in execution of law enforcement duties on or about 16 February 2022.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Charge V: Violation of Article 87a, Uniform Code of Military Justice, 10 U.S.C. § 887a.

Plea: Guilty.

Finding: Guilty.

Specification: Resisting apprehension on or about 16 February 2022.

Plea: Guilty.

Finding: Guilty.

Charge VI: Violation of Article 109, Uniform Code of Military Justice, 10 U.S.C. § 909.

Plea: Guilty.

Finding: Guilty.

Specification: Damaging non-military property on or about 16 February 2022.

Plea: Guilty, excepting the words “a fridge and”. Finding: Guilty excepting the words “a fridge and”. The excepted language was withdrawn and dismissed.

SENTENCE

On 6 October 2022, a military judge sentenced the Accused to the following: Reduction to pay grade E-1.

Confinement

For Specification 1 of Charge II: confinement for 11 months.

For Specification 2 of Charge II: confinement for 2 months.

For Specification 3 of Charge II: confinement for 2 months.

For the Specification of Charge V: confinement for 8 months.

For the Specification of Charge VI: confinement for 10 days.

The terms of confinement will run concurrently.

Confinement for a total of 11 months.

A bad-conduct discharge.

The Accused shall be credited with 257 days of pretrial confinement.

FOR THE COURT:

MARK K. JAMISON

Clerk of Court