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United States v. BUENO
202400102
N.M.C.C.A.
Mar 19, 2025
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Background

  • 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  • Other charges and specifications (larceny, false official statement, and dereliction of duty) were withdrawn and dismissed, pending appellate review.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)
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Case Details

Case Name: United States v. BUENO
Court Name: Navy-Marine Corps Court of Criminal Appeals
Date Published: Mar 19, 2025
Citation: 202400102
Docket Number: 202400102
Court Abbreviation: N.M.C.C.A.