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. 202300074

_________________________

Decided: 3 January 2024

Appeal from the United States Navy-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, 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 entitled to have court-martial records that correctly reflect the content of his proceeding.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

v.

Carter J. JACOBS

Lance Corporal (E-3)

U.S. Marine Corps

Accused

NMCCA NO. 202300074

ENTRY 

OF

JUDGMENT

As Modified on Appeal

3 January 2024

On 21 November 2022, the Accused was tried at Marine Corps Base Hawaii, by a special court-martial, consisting of a military judge 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. 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, 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 the said LCpl 

Jacobs did: (a) distribute cocaine; (b) invite 

civilians to his barracks room; and (c) host 
United 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”; and, except the word “parties” 

substituting the words, “a party”.

Finding: Guilty.

Charge II: Violation of Article 112a, Uniform Code of Military 

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

For 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