United States v. BUENO
202400102
N.M.C.C.A.Mar 19, 2025Background
- Staff Sergeant Adrian E. Bueno, U.S. Marine Corps, was tried by special court-martial at MCAS Miramar, San Diego, in September 2022.
- The case was adjudicated by a military judge sitting alone.
- Bueno pleaded guilty to one specification of larceny of military property valued over $1,000 between November 30, 2017, and January 29, 2021.
- Other charges and specifications (larceny, false official statement, and dereliction of duty) were withdrawn and dismissed, pending appellate review.
- Bueno was sentenced to reduction to E-3, 30 days' confinement, and forfeiture of $1,600/month for six months.
- On appeal, the entry of judgment was modified to correctly reflect the date ranges of offense, but the court found no prejudicial error affecting substantial rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether findings and sentence were valid in law | No assignment of error; findings correct | No issues argued | Affirmed |
| Error in Entry of Judgment not listing dates | Appellant entitled to accurate records | No prejudice alleged | Judgment modified to include offense dates |
| Prejudicial effect of any errors | No error materially prejudicial | No evidence of prejudice | No prejudice; findings and sentence affirmed |
Key Cases Cited
- United States v. Wadaa, 84 M.J. 652 (N-M Ct. Crim. App. 2024) (addresses entitlement to accurate court-martial records)
- United States v. Crumpley, 49 M.J. 538 (N-M. Ct. Crim. App. 1998) (on correction of military court records to reflect proceedings accurately)
