This opinion is subject to administrative correction before final di sposition.

Before MONAHAN
, HOLIFIELD , and HACKEL Appellate Military Judges

_________________________ 

### UNITED STATES Appellee

v. Anthony C. BALLESTEROS Gas Turbine Systems Technician Second Class (E

- 5), U.S. Navy Appellant

No. 20 22 00116

_________________________
Decided: 28 July 2022
Appeal from the United States Na vy
- Marine Corps Trial Judiciary
Military Judge: Matthew C. Cox
Sentence adjudged 18 March 2022 by a special court

- martial convened at Naval Station Norfolk
, Virginia, consisting of a militar y judge sitting alone. Sentence in the Entry of Judgment : reduction to E

- 1, confinement for 6 months
, and a bad

- conduct discharge.
For Appellant: Captain Colin W. Hotard, USMC

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

.

_________________________United States v. Ballesteros , NMCCA No. 20 22 00116 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 char ges. Specifically, the original Entry of Judgment failed to identify the disposition of specifications 2 and 3 of Charge I, which

were withdrawn and dismissed prior to the entry of pleas. Although we find no prejudice, Appellant is entitled to have court

- m artial 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:

S. TAYLOR JOHNSTON Interim Clerk of Court

1 Articles 59 & 66, Uniform Code of Military Justice, 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.
Anthony C. BALLESTEROSGas Turbine Systems Technician Second Class (E

- 5) U.S. Navy
Accused NMCCA NO. 202200116



### ENTRY OF JUDGMENT

As Modified on Appeal

28 July 2022

On 18 March 2022 , t he Accused was tried at Naval Station Norfolk, Virginia
, by a special court

- martial
, consisting of a military judge sitting alone. Military Judge Matthew C. Cox 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 120 , Uniform Code of Military Justice , 10 U.S.C. § 920

. Plea: Not Guilty. Finding: Dismissed.
Specific ation 1 : Abusive sexual contact of G.S. on or about 19 January 2019

. Plea: No t guilty. Finding: Dismissed.
Specification 2: Sexual assault of G.S. on or about 19 January 2019

. Plea: No plea entered

. Finding: Dismissed prior to entry of pleas.
Specification 3 : Sexual assault of G.S. on or about 19 January 2019.
Plea: No plea entered

. Finding: Dismissed prior to entry of pleas.United States v. Ballesteros , NMCCA No. 20 22 00 1 16 Modified Entry of Judgment

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

. Plea: Guilty

. Finding: Guilty

. S pecification : Assault consummated by a battery of G.S. on or about 19 January 2019

. Plea: Guilty. Finding: Guilty.



### SENTENCE

On 18 March 2022 , a military judge sentenced the Accused to the following : Reduction to pay grade E

- 1.
For the Sole Specification of Charge II: confinement for 6 months

. Confinement for a total of 6 months.
A bad

- conduct

.

FOR THE COURT:

S. TAYLOR JOHNSTON Interim Clerk of Court