Before KISOR

, BROWN , and MIZER

Appellate Military Judges

_________________________


### UNITED STATES Appellee

v.

Carter J. JACOBS Lance Corporal (E

- 3 ), U.S. Marine Corps Appellant

No. 20 2 300 074

_________________________

Decided: 3 January 202 4

Appeal from the United States Na vy

- Marine Corps Trial Judiciary

Military Judge :

Eric A. Catto

Sentence adjudged 21 November 2022 by a special court

- martial convened at Marine Corps Base Hawaii, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E

- 1, confinement for 11 months, and a bad

- conduct discharge. 1

For Appellant: Commander Jesse A. Schaefer , JAGC, USN

1 Appellant was credited with 30 days of Pierce credit for the 60 days of restriction he received following his prior related NJP.United States v. Jacobs , NMCCA No. 202300074 Modified Entry of Judgment

2 _________________________

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, an d 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 . Althoug h we find no prejudice, A ppellant is entitled to have court

- martial records that correctly reflect the content of his proceeding. 3 In accordance with Rule f or Courts

- Martial 1111(c)(2), we modify the Entry of Judgment and direct that it be included in the record.

T he 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



### v.

Carter J. JACOBS Lance Corporal (E

- 3 ) U.S. Marine Corps

Accused NMCCA NO. 202300 074



### ENTRY OF JUDGMENT

As Modified on Appeal

3 January 202 4

On 21 November 2022, the Accused was tried at Marine Corps Base Hawaii , by a special court

- martial, consisting of a military judg e sitting alone. Military Judge Eric A. Catto 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 81 , Uniform Code of Military Justice, 10 U.S.C. § 881

. Plea: Guilty

. Finding: Guilty

. Specification: Did, between on or about 1 November 2021 and on or about 11 January 2022, conspire with Corporal Joseph D. Suarez, U.S. Marine Corps , Private Cody H. Jones, U

. S

. M arine C orps , Lance Corporal Joel L. Derue, U.S. Marine Corps , Private First Class Zachariah C. Yucis, U.S. Marine Corps , and Corporal Jaret Eshelman, U.S. Marine Corps , to commit an offense under the Uniform Code of Military Justice, to wit: the wrongful distribution of cocaine, and in order to effect the object of the conspiracy th e said LCpl Jacobs did: (a) distribute cocaine; (b) invite civilians to his barracks room; and (c) hostUnited States v. Jacobs , NMCCA No. 202300074 Modified Entry of Judgment

2 parties in his barracks room where someone distributed cocaine.

Plea: Guilty , except for the words “1 November 2021”

, substituting

, “15 October 2021” ; except the words “11 January 2022” substituting

, “31 October 2021” ; striking the words “ Private Cody H. Jones, U.S. Marine Corps , Lance Corporal Joel L. Derue, U.S. Marine Corps , Private First Class Zachariah C. Yucis, U.S. Marine Corps , and Corporal Jaret Eshelman, U.S. Marine Corps ” ; a nd

, except the word “parties” substituting the words, “a party”

. Finding: Guilty

.

Charge II: Violation of Article 1 12a , Uniform Code of M ilitary Justice, 10 U.S.C. § 912a

. Plea: Guilty. Finding: Guilty

. Specification 1 : Did, on divers occasions between on or about 1 October 2021 and on or about 25 July 2022, wrongfully distribute some amount of cocaine, a Schedule II controlled substance.

Plea: Guilty , except for the words “25 July 2022” substituting the words “22 November 2021”

. Finding: Guilty

. Specification 2 : Did, on divers occasions between on or about 1 October 2021 and on or about 25 July 2022, wrongfully distribute some amount of cocaine, a Schedule II controlled substance.

Plea: Guilty , except for the words “25 July 2022”

, substituting the words “22 November 2021”

. Finding: Guilty.



### SENTENCE

On 21 November 2022, a military judge sentenced the Accused to the following:
Reduction to pay grade E

- 1.

Confinement for a total of 11 months

.United States v. Jacobs , NMCCA No. 202300074 Modified Entry of Judgment

3 Fo r the Specification of Charge I : confinement for 11 months.

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

For Specification 2 of Charge II : confinement for 6 months.
The terms of confinement will run concurrently.

A bad

- conduct discharge

. The Accused was awarded 30 days of United States v. Pierce credit for the 60 days of restriction he served for his December 2021 NJP Punishment for Article 112a, UCMJ, wrongful use of cocaine. The 30 days of administrative credit will be applied to his adjudged sentence to confinement.

FOR THE COURT:

MARK K. JAMISON Clerk of Court