This opinion is subject to administrative correction before final disposition.

Before 

CRISFIELD, HOLIFIELD, and LAWRENCE

Appellate Military Judges

_________________________

UNITED STATES

Appellee

v.

Roberto E. GUZMANANAYA

Lance Corporal (E-3), U.S. Marine Corps

Appellant

No. 201900340

Decided: 2 December 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary 

Military Judge:

Wilbur Lee

Sentence adjudged 3 October 2019 by a general court-martial convened at 

Marine Corps Base Hawaii, Kaneohe Bay, Hawaii, consisting of a military 

judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, 

confinement for 10 months,1 forfeiture of $1,120 per month for 10 months, 

and a bad-conduct discharge.

For Appellant:

Major Thomas R. Fricton, USMC2

Major Mary Claire Finnen, USMC

 

1 The military judge sentenced Appellant to between 6 and 10 months for each of the six 

offenses to which he pleaded guilty. Pursuant to a plea agreement, the military judge ordered 

that the six periods of confinement be served concurrently, for a total of 10 months.

2 The Court granted Major Fricton leave to withdraw as appellate defense counsel on 25 

June 2020.
United States v. Guzmananaya, NMCCA No. 201900340

Opinion of the Court

2

For Appellee:

Lieutenant Commander Jeffrey S. Marden, JAGC, USN

Major Clayton L. Wiggins, USMC

_________________________

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, we have determined that the approved 

findings and sentence are correct in law and fact and that no error materially 

prejudicial to Appellant’s substantial rights occurred.3

However, we agree with Appellant’s sole assignment of error that the Entry of 

Judgment is inaccurate, as Block 33 (pleas and findings) fails to note the words 

excepted in the pleas and findings related to Specification 2 of Charge III.4 Although 

we find no prejudice from this error, Appellant is entitled to have court-martial 

records that correctly reflect the content of his proceeding.5 In 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.6

The findings and sentence are AFFIRMED.

 

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

4 The Entry of Judgment also contains two scrivener’s errors, referring to Charge III in 

both Block 33 and Block 34 as “Charge IIII.” We will correct this, too, as we modify the Entry 

of Judgment.

5 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).

6 We also note with concern the cursory nature of the military judge’s inquiry into the

pretrial agreement’s terms. The Court of Appeals for the Armed Forces “ha[s] long emphasized the critical role that a military judge and counsel must play to ensure that the record 

reflects a clear, shared understanding of the terms of any pretrial agreement between an 

accused and the convening authority.” United States v. Williams, 60 M.J. 360, 362 (C.A.A.F. 

2004)(citations omitted). While there is nothing in the present case indicating a lack of 

mutual understanding as to the agreement’s meaning, brief, non-specific inquiries such as 

conducted below invite confusion and error.
United States v. Guzmananaya, NMCCA No. 201900340

Opinion of the Court

3

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court
United States v. Guzmananaya, NMCCA No. 201900340

Modified Entry of Judgment

1

UNITED STATES

v.

Roberto E. GUZMANANAYA

Lance Corporal (E-3)

U.S. Marine Corps

Accused

NMCCA NO. 201900340

ENTRY 

OF

JUDGMENT

As Modified on Appeal

2 December 2020

On 4 September and 2-3 October 2019, the Accused was tried at Marine Corps 

Base Hawaii, Kaneohe Bay, Hawaii, by a general court-martial, consisting of a 

military judge sitting alone. Military Judge Wilbur Lee, 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 92, Uniform Code of Military Justice, 

10 U.S.C. § 892.

Plea: Guilty.

Finding: Guilty.

Specification: Failure to obey other lawful written order between on 

or about 31 July 2018 and on or about 29 August 2018.

Plea: Guilty.

Finding: Guilty.
United States v. Guzmananaya, NMCCA No. 201900340

Modified Entry of Judgment

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Charge II: Violation of Article 120a, Uniform Code of Military Justice, 

10 U.S.C. § 920a.

Plea: Not Guilty.

Finding: Dismissed.

Specification: Stalking on divers occasions between on or about 

29 July 2018 and on or about 15 November 2018.

Plea: Not Guilty.

Finding: Dismissed.

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

10 U.S.C. § 928.

Plea: Guilty.

Finding: Guilty.

Specification 1: Assault consummated by battery on or about

28 July 2017.

Plea: Guilty.

Finding: Guilty.

Specification 2: Assault consummated by battery on or about 

29 July 2018.

Plea: Guilty, except for certain words. Of the excepted words, 

Not Guilty.

Finding: Guilty of the specification as excepted; the excepted 

words are Dismissed.

Specification 3: Aggravated assault on or about 29 July 2018.

Plea: Guilty.

Finding: Guilty.

Additional Charge I: Violation of Article 112a, Uniform Code of Military 

Justice, 10 U.S.C. § 912a.

Plea: Not Guilty.

Finding: Dismissed.

Specification: Wrongful use of a controlled substance between on or 

about 9 May 2019 and on or about 14 May 2019.

Plea: Not Guilty.

Finding: Dismissed.
United States v. Guzmananaya, NMCCA No. 201900340

Modified Entry of Judgment

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Additional Charge II: Violation of Article 107, Uniform Code of Military 

Justice, 10 U.S.C. § 907.

Plea: Guilty.

Finding: Guilty.

Specification: Making a false official statement on or about 

28 July 2017.

Plea: Guilty.

Finding: Guilty.

Additional Charge III: Violation of Article 107, Uniform Code of Military 

Justice, 10 U.S.C. § 907.

Plea: Not Guilty.

Finding: Dismissed.

Specification: Making a false official statement on or about 

8 July 2019.

Plea: Not Guilty.

Finding: Dismissed.

Additional Charge IV: Violation of Article 112a, Uniform Code of Military 

Justice, 10 U.S.C. § 912a.

Plea: Guilty.

Finding: Guilty.

Specification: Wrongful use of a controlled substance between on or 

about 27 June 2019 and on or about 2 July 2019.

Plea: Guilty.

Finding: Guilty.
United States v. Guzmananaya, NMCCA No. 201900340

Modified Entry of Judgment

4

SENTENCE

On 3 October 2019, a military judge sentenced the Accused to the following:

A bad-conduct discharge.

Forfeiture of $1,120 pay per month for 10 months.

Reduction to pay grade E-1.

Confinement as follows:

The Specification of Charge I: 10 months.

Specification 1 of Charge III: 6 months.

Specification 2 of Charge III: 6 months.

Specification 3 of Charge III: 10 months.

The Specification of Additional Charge II: 10 months.

The Specification of Additional Charge IV: 10 months.

Confinement will run concurrently, for a total of 10 months.

The convening authority took no action in this case.

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court