<p data-block-key="gj3re">U.S. v. GARCIA</p>

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: November 25, 2024
• Docket: <p data-block-key="iyriv">202400149</p>
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before DALY, BURGTORF, GROSS Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Efren GARCIA Staff Sergeant (E-6), U.S. Marine Corps Appellant

No. 202400149

Decided: 25 November 2024

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Derek A. Poteet

Sentence adjudged 23 January 2024 by a special court-martial con- vened at Camp Pendleton, California, consisting of a military judge sit- ting alone. Sentence in the Entry of Judgment: reduction to E-1, con- finement for five months, and a bad-conduct discharge. 1

For Appellant: Lieutenant Tyler J. Aagard, JAGC, USN

1 Appellant was credited with 116 days of confinement credit. United States v. Garcia, NMCCA No. 202400149 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, and Appellant having not challenged the factual sufficiency of this case, we have determined that the findings are correct in law, the sentence is correct in law and fact, and that no error materially prejudicial to Appellant’s substan- tial rights occurred. 2 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.