This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD
, CRISFIELD, and LAWRENCE Appellate Military Judges

_________________________ 

### UNITED STATES Appellee

v.
Matthew L

. RICHARDSON Cryptologic Technician (Collection) Chief Petty Officer (E

- 7 )
, U.S. Navy Appellant

No. 202000071

Decided: 2 4 Se ptember 2020
Appeal from the United States Navy

- Marine Corps Trial Judiciary

Military Judges: Wilbur Lee (arraignment)

Ann K. Minami (trial)
Sentence adjudged 10 December 2019 by a general court

- martial convened at Joint Base Pearl Harbor

- Hickam, Hawaii, consisting of a military judge sitting alone

. Sentence in the Entry of Judgment : reduction to E

- 1, confinement for eight years
, 1 and a dishonorable discharge

.
For Appellant: Captain Brian L. Farrell, USMCR

1 The convening authority suspended confinement in excess of five years pursuant to a pretrial agreement.United States v. Richardson
, NMCCA No. 20 2000071 Opinion of the Court

2 For Appellee: Brian K. Keller, Esq.

_____________ ____________
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, we have determined that t he approved findings and sentence are correct in law and fact and that no error materially prejudicial to A ppellant’s substantial rights occurred. 2 However, the Entry of Judgment is incomplete, as Block 34 (Sentence adjudged, accounting for any modificati ons by reason of any post

- trial action by the convening authority) contains a scrivener’s error by omitting the word “five” in describing the adjudged period of confinement above which the convening authority suspended punishment. 3 But we note that this su spension was properly reflected in Block 28 of the Post

- Trial Action (Convening Authority ’s Action)

. Although we find no prejudice from this error, Appellant is entitled to have court

- martial records that correctly reflect the content of his proceeding. 4 I n accordance with this Court’s authority under 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 a re AFFIRMED

.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

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

3 “C[onvening] A[uthority]’s Action approved the adjudged confinement but suspended all confinement in excess of [ blank ] yea rs.”

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

- M. Ct. Crim. App. 1998).United States v. Richardson , NMCCA No. 2020 00 071 Modified Entry of Judgment

1 UNITED STATES



### v.

Matthew L

. RICHARDSON Cryptologic Technician (Collection) Chief Petty Officer (E

- 7 ) U.S. Navy
Accused NMCCA NO. 2020 00 071



### ENTRY OF JUDGMENT

As Modified on Appeal

2 4 September 2020

On 5 September 2019 and 10 December 2019, t he Accused was tried at Joint Base Pearl Harbor

- Hickam, Hawaii
, by a general court

- martial, consisting of a military judge sitting alone. Military Judges Wilbur Lee and Ann K. Minami
, presid ed

.



### FINDINGS

The following are the Accused’s pleas and the Court’s f indings to all offenses the convening authority referred to trial:

Charge I : Violation of Article 120b , Uniform Code of Military Justice , 10 U.S.C. § 920b

. Plea: Guilty. Finding: Guilty.
Specification 1 : Sexual Abuse of a Child by Sexual Contact on or abo ut March 2019

. Plea: Guilty. Finding: Guilty.
Specification 2 : Sexual Abuse of a Chi ld by Indecent Conduct between on or about October 2018 and on or about March 2019

. Plea: Guilty. Finding: Guilty.United States v. Richardson , NMCCA No. 2020 00 071 Modified Entry of Judgment

2 Charge II: Violation of Article 134 , Uniform Code of Mil itary Justice , 10 U.S.C. § 934

. Plea: Guilty. Finding: Guilty.
Specification: Possessing Child Pornography on or about 27 April 2018

. Plea: Guilty. Finding: Guilty.



### SENTENCE

On 10 December 2019, a military judge sentenced the Accused to the following:
Red uction to pay grade E

- 1.
Confinement for eight years

. A dishonorable discharge. The convening authority suspended confinement in excess of five years

.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court