United States v. WADAA
84 M.J. 652
| N.M.C.C.A. | 2024Background
- Sergeant Mohammad A. Wadaa, USMC, was convicted at a special court-martial by a military judge sitting alone at Camp Pendleton, CA.
- Wadaa pleaded guilty to two specifications of violating lawful general orders under Article 92, UCMJ: (1) advocating for supremacist, extremist ideology (Marine Corps Order 5354.1F), and (2) having extremist tattoos (Marine Corps Bulletin 1020).
- Wadaa entered a plea agreement, which influenced the convening authority's referral of charges to a special court-martial.
- The court-martial sentenced Wadaa to 11 months’ confinement (concurrent sentences), reduction to E-1, and a bad-conduct discharge.
- On appeal, the court identified that the Entry of Judgment (EOJ) failed to accurately summarize each specification as required by R.C.M. 1111(b)(1)(A).
- The appellate court found no prejudicial error but used this case to clarify what is required in an EOJ summary for future guidance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EOJ complied with R.C.M. 1111(b)(1)(A) | No argument (case submitted) | No argument (case submitted) | EOJ did not sufficiently summarize specifications |
| Standard for EOJ "summary of each charge/specification" | N/A (not contested) | N/A (not contested) | Must include UCMJ Article, offense nature, date |
| Whether EOJ error was prejudicial | N/A (not alleged) | N/A (not alleged) | Error found non-prejudicial; sentence affirmed |
| Correction of EOJ on appeal | N/A | N/A | EOJ modified; findings and sentence affirmed |
Key Cases Cited
- United States v. Crumpley, 49 M.J. 538 (N-M. Ct. Crim. App. 1998) (addresses requirement for courts-martial record accuracy and completeness)
- United States v. Sutton, 81 M.J. 677 (N-M. Ct. Crim. App. 2021) (reaffirms right to accurate courts-martial records)