United States v. TREVINO
CourtNavy-Marine Corps Court of Criminal Appeals
Date FiledJuly 29, 2026
Docket202500342
StatusPublished
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Full Opinion
This opinion is subject to administrative correction before final disposition.
Before
de GROOT, THORNHILL, and DAVIS
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Gerardo E. TREVINO
Sergeant Major (E-9), U.S. Marine Corps
Appellant
No. 202500342
_________________________
Decided: 29 July 2026
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Douglas C. Hatch
Sentence adjudged 6 May 2025 by a special court-martial convened at
Marine Corps Air Station Miramar, San Diego, California, consisting of
a military judge sitting alone. Sentence in the Entry of Judgment: re-
duction to E-7 and confinement for 236 days. 1
For Appellant:
Captain Katherine E. Malcolm, USMC
1 The accused was credited with having served 236 days of pretrial confinement.
United States v. Trevino, NMCCA No. 202500342
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 are correct in law, the sentence is
correct in law and fact, and no error materially prejudicial to Appellant’s sub-
stantial rights occurred. 2
However, we note that the Entry of Judgment is deficient. Appellant has
the right for the Entry of Judgment to accurately summarize each specification
referred to trial as required by Rule for Courts-Martial (R.C.M.) 1111(b)(1)(A)
and United States v. Wadaa. 3 In this case, the Entry of Judgment denotes find-
ings of not guilty to Specifications 2–6 of the Charge. These specifications, pur-
suant to the plea agreement, were withdrawn and dismissed without prejudice
to ripen into prejudice upon completion of appellate review. Although we find
no prejudice, Appellant is entitled to have court-martial records that correctly
reflect the content of his proceedings. 4 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
2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
3 84 M.J. 652, 655 (N-M. Ct. Crim. App. 2024).
4 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. 202500342
v. ENTRY
OF
Gerardo E. TREVINO JUDGMENT
Sergeant Major (E-9)
U.S. Marine Corps As Modified on Appeal
Accused
29 July 2026
On 6 May 2025, the Accused was tried at Marine Corps Air Station
Miramar, CA, by a special court-martial, consisting of a military judge sitting
alone. Military Judge Douglas C. Hatch presided.
FINDINGS
The following are the Accused’s pleas and the Court’s findings to all of-
fenses the convening authority referred to trial:
Charge: Violation of Article 128b, Uniform Code of Military Justice,
10 U.S.C. § 928b.
Plea: Guilty.
Finding: Guilty.
Specification 1: (Violent Offense - Assault Consummated by
Battery – on or about 3 July 2023):
Plea: Guilty.
Finding: Guilty.
Specification 2: (Strangulation – on or about 3 July 2023):
Plea: Not Guilty.
Finding: Withdrawn and Dismissed Without Prejudice
To Ripen Into Prejudice Upon Completion of Appellate
Review.
United States v. Trevino, NMCCA No. 202500342
Modified Entry of Judgment
Specification 3: (Violent Offense - Assault Consummated by
Battery – on or about 6 Aug 2024):
Plea: Not Guilty.
Finding: Withdrawn and Dismissed Without Prejudice
To Ripen Into Prejudice Upon Completion of Appellate
Review.
Specification 4: (Strangulation – on or about 6 August 2024):
Plea: Not Guilty.
Finding: Withdrawn and Dismissed Without Prejudice
To Ripen Into Prejudice Upon Completion of Appellate
Review.
Specification 5: (Violent Offense - Assault Consummated by
Battery – on or about 31 August 2024):
Plea: Not Guilty.
Finding: Withdrawn and Dismissed Without Prejudice
To Ripen Into Prejudice Upon Completion of Appellate
Review.
Specification 6: (Strangulation – on or about 31 August 2024):
Plea: Not Guilty.
Finding: Withdrawn and Dismissed Without Prejudice
To Ripen Into Prejudice Upon Completion of Appellate
Review.
Additional Charge: Violation of Article 128b, Uniform Code of
Military Justice, 10 U.S.C. § 928b.
Plea: Guilty.
Finding: Guilty.
Specification 1: (Offense Against Property With Intent to
Intimidate – on or about 15 July 2023):
Plea: Guilty.
Finding: Guilty.
2
United States v. Trevino, NMCCA No. 202500342
Modified Entry of Judgment
Specification 2: (Offense Against Property With Intent to
Intimidate – on or about 15 February 2024):
Plea: Guilty.
Finding: Guilty.
SENTENCE
On 6 May 2025, the military judge sentenced the Accused to the following:
Reduction to E-7
Confinement for 236 days
FOR THE COURT:
MARK K. JAMISON
Clerk of Court
3