This opinion is subject to administrative correction before final disposition.

Before GASTON, LAWRENCE, and STEWART Appellate Military Judges

_________________________ 

### UNITED STATES Appellee

v. Carlos A. ANDERSON

- HONEYCUTT Corporal (E -4 ), U.S. Marine Corps Appellant
No. 20 20 0 0078
Decided: 10 February 2021 Appeal from the United S tates Navy

- Marine Corps Trial Judiciary Military Judge : Keaton H. Harrell
Senten ce adjudged 18 November 2019 by a general court

- martial convened at Camp Lejeune , North Carolina , consisting of a military judge sitting alo ne . Sentence in the Entry of Judgm ent : reduction to E -1, confinement for seventeen months , and a bad

- conduct discharge. For Appellant: Lieutenant Commander Jacqueline M. Leonard , JAGC, USN For Appellee: Brian K. Keller, Esq.

_________________________ This opinion does not serve as binding prece dent under NMCCA Rule of Appellate Procedure 30.2 (a)

.United States v. A nderson -Honeycutt , NMCCA No. 20 20 0 0078 Opinion of the Court

2 _________________________
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 A ppellant’s substantial rights occurred. 1 However, we note that the Entry of Judgment does not accurately reflect the disposition of the charges, in that it incorrectly indicates that the offense s to which Appellant pleaded and was found guilty under Specifications 2 and 3 of Charge V w e re violations of a lawful general order, as opposed to violation s of a lawful order. Although we find no prejudice from this apparent scrivener’s error , Appellant is entitled to have cour t- martial records that correctly reflect the content of his proceeding. 2 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. T he findings and sentence are AFFIRMED

.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

1 Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866.

2 United States v. Crumpley , 49 M.J. 538, 539 (N

- M. Ct. Crim. App. 1998).UNITED STATES



### v.
Carlos A. ANDERSON

- HONEYCUTT Corporal (E -4) U.S. Marine Corps Accused NMCCA NO. 20 20 00078


### ENTRY OF JUDGMENT
As Modified on Appeal

10 Februar y 202 1

On 19 August and 18 November 2019 , t he Accused was tried at Camp Lejeune , North Carolina , by a general court

- martial, consisting of a military judge sitting alone. Military Judge Keaton H. Harrell presid ed

. 

### 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 1 20 , Uniform Code of Military Justice , 10 U.S.C. § 920
. Plea: Not Guilty. Finding: Dismissed. Specification : Sexual Assault on or about 1 February 2019
. Plea: Not Guilty. Finding: Dismissed.
Charge I I: Violation of Article 12 8 , Uniform Code of Military Justice , 10 U.S.C. § 928. Plea: Guilty. Finding: Guilty

.Unit ed States v. Anderson Honeycutt , NMCCA No. 20 2000078 Modified Entry of Judgment

2 S pecification 1: Assault Consummated by a Battery between on or about 15 November 2018 and on or about 31 December 2018

. Plea: Guilty. Finding: Guilty

. S pecification 2: Assault Consummated by a Battery between on or about 1 December 2018 and on or about 15 December 2018

. Plea: Guilty , except for the words, “unlawfully strik e on the chest by hitting her with his fists,” and substituting therefor the words, “unlawfully shove on the chest with his hands

. ” Of the excepted words, Not Guilty. Of the substituted words, Guilty. Of the Specificatio n as excepted and substituted, Guilty. Finding: Guilty, as excepted and substituted

. Specification 3: Assault Consummated by a Battery between on or about 1 December 2018 and on or about 31 December 2018

. Plea: Not Guilty. Finding: Dismissed

. Specification 4: Aggravated Assault between on or about 1 December 2018 and on or about 15 December 2018

. Plea: Not Guilty. Finding: Dismissed

. Charge III: Violation of Article 12 8b , Uniform Code of Military Justice, 10 U.S.C. § 9 28b

. Plea: Not G uilty. Finding: Dismis sed.
S pecification: Domestic Violence on or about 14 January 2019

. Plea: Not Guilty

. Finding: Dismissed

.Unit ed States v. Anderson Honeycutt , NMCCA No. 20 2000078 Modified Entry of Judgment

3 Charge IV: Violation of Article 1 31b , Uniform Code of Military Justice, 10 U.S.C. § 9 31b

. P lea: Not G uilty

. Finding: Dismissed

. S pecification: Obstructing Justice on or about 1 February 2019

. Plea: Not Guilty

. Finding: Dismissed

. Charge V: Violation of Article 92 , Uniform Code of Military Justice , 10 U.S.C. § 882
. Plea: Guilty. Finding: Guilty

. S pecification 1: Violating a Lawful General Order on or about 14 January 2019

. Plea: Guilty. Finding: Guilty

. S pecification 2: Violating a Lawful Order on or about 1 February 2019

. Plea: Not Guilty. Finding: Dismissed

. Specification 3: Violating a L awful Order between on or about 2 February 2019 and on or about 9 May 2019

. Plea: Not Guilty. Finding: Dismissed

. Charge VI: Violation of Article 1 07 , Uniform Code of Military Justice, 10 U.S.C. § 934. Plea: Guilty. Finding: Guilty

. * On grounds of unreasonable multiplication of charges, the se three specifications were consolidated into a single specification for findings

.

S pecification 1: False Official Statement on or about 20 March 2019

. Plea: Guilty. Find ing: Guilty .*Unit ed States v. Anderson Honeycutt , NMCCA No. 20 2000078 Modified Entry of Judgment

4 S pecification 2: False Official Statement on or about 20 March 2019

. Plea: Guilty. Finding: Guilty.*
S pecification 3: False Official Statement on or about 20 March 2019

. Plea: Guilty. Finding: Guilty.*
Charge VII: Violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. Plea: Guilty. Finding: Guilty

. Specification: Adult ery between on or about 1 December 2018 and on or about 31 December 2018

. Plea: Guilty. Finding: Guilty

. Additional Charge: Violation of Article 1 15 , Uniform Code of Military Justice , 10 U.S.C. § 9 15
. Plea: Guilty. Finding: Guilty

. S pecification: Communicating a Threat on or about 5 February 2019

. Plea: Guilty. Finding: Guilty

.Unit ed States v. Anderson Honeycutt , NMCCA No. 20 2000078 Modified Entry of Judgment

5 Second Additional Charge: Violation of Article 134, Uniform Code of Military Justice , 10 U.S.C. § 9 34
. P lea: Guilty. Finding: Guilty

. S pecification: Extramarital Sexual Conduct on divers occasions between on or about 1 January 2019 and on or about 1 March 2019

. Plea: Guilty. Finding: Guilty

. 

### SENTENCE
On 18 November 2019 , a military judge sentenced the Accused to the following: Reduction to pay grade E- 1. Confinement for s eventeen months. A bad

- conduct discharge. The Accused is credited with having served 193 days’ confinement, to be deducted from the ad judged sentence to confinement.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court