Full Opinion

This opinion is subject to administrative correction before final disposition. Before HARRELL, BURGTORF, and KORN Appellate Military Judges _________________________ UNITED STATES Appellee v. Robert T. ROSSO Private First Class (E-2), U.S. Marine Corps Appellant No. 202600033 _________________________ Decided: 17 July 2026 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: David C. Segraves Sentence adjudged 1 October 2025 by a general court-martial tried at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 12 months, and a bad-conduct discharge. For Appellant: Lieutenant Commander Andrew S. Clayton, JAGC, USN United States v. Rosso, NMCCA No. 202600033 Opinion of the Court _________________________ 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 the findings and sentence are correct in law and that no error materially prejudicial to Appellant’s substantial rights oc- curred. 1 We note, however, that the Entry of Judgment (1) erroneously includes a specification that was not referred to the court-martial; 2 and (2) lists an incor- rect Uniform Code of Military Justice Article for the Additional Charge. Alt- hough we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceedings. 3 In accordance with R.C.M. 1111(c)(2), we modify the Entry of Judgment and direct that it be included in the record. The findings and sentence are AFFIRMED. FOR THE COURT: MARK K. JAMISON Clerk of Court 1 Articles 59 & 66, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 859, 866. 2 United States v. Booker, 83 M.J. 595, 598 (N-M Ct. Crim. App. 2023) (“Including these accusations in the Entry of Judgment when they were neither part of the court- martial proceedings nor required to be included by law or regulation was error.”). 3 United States v. Sutton, 81 M.J. 677 (N-M. Ct. Crim. App. 2021); United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998). 2 UNITED STATES NMCCA NO. 202600033 v. ENTRY OF Robert T. ROSSO JUDGMENT Private First Class (E-2) U.S. Marine Corps As Modified on Appeal Accused 17 July 2026 On 1 October 2025, the Accused was tried at Marine Corps Base Camp Pend- leton, California, by a general court-martial consisting of a military judge sit- ting alone. Military Judge David C. Segraves presided. FINDINGS The following are the Accused’s pleas and the Court’s finding to all offenses referred to trial: Charge I: Violation of Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920. Plea: Not Guilty Finding: Withdrawn and dismissed without prejudice, to ripen into prejudice upon completion of appellate review. Specification: (Rape by first rendering that other person unconscious) Did, at or near Marine Detachment Presidio of Monterey, Monterey, CA, on or about 10 April 2024, commit a sexual act upon LCpl L. L. by penetrating LCpl L. L.’s vulva with his penis, by first rendering LCpl L. L. unconscious by choking her. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice, to ripen into prejudice upon completion of appellate review. United States v. Rosso, NMCCA No. 202600033 Modified Entry of Judgment Additional Charge: Violation of Article 128b, Uniform Code of Military Justice, 10 U.S.C. § 928b. Plea: Guilty Finding: Guilty Specification: (Assaulting an intimate partner by strangulation) Did, at or near Marine Detachment Presidio of Monterey, Monterey, CA, on or about 10 April 2024, commit an assault upon LCpl L.L., the intimate partner of the accused, by unlawfully strangling her with his hand. Plea: Guilty. Finding: Guilty. SENTENCE On 1 October 2025, the military judge sentenced the Accused to the following: Reduction to pay grade E-1. Confinement for 12 months. A bad-conduct discharge. FOR THE COURT: MARK K. JAMISON Clerk of Court 2