This opinion is subject to administrative correction before final disposition.

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. 202200116

_________________________

Decided: 28 July 2022

Appeal from the United States Navy-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 military 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. 202200116

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 Appellant’s substantial 

rights occurred.1

However, we note that the Entry of Judgment does not accurately reflect 

the disposition of the charges. 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were withdrawn and dismissed prior to the entry of pleas.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-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.

The 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. BALLESTEROS

Gas 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, the 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 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 120, Uniform Code of Military Justice, 

10 U.S.C. § 920.

Plea: Not Guilty.

Finding: Dismissed.

Specification 1: Abusive sexual contact of G.S. on or about 19 January 

2019.

Plea: Not 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. 202200116

Modified Entry of Judgment

2

Charge II: Violation of Article 128, Uniform Code of Military Justice, 

10 U.S.C. § 928.

Plea: Guilty.

Finding: Guilty.

Specification: 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