<p data-block-key="k79k9">U.S.v. Davilla</p>

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: October 30, 2024
• Docket: <p data-block-key="daiik">202400100</p>
• Status: Published

Opinion

Before DALY, GROSS, and de GROOT Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Salvador DAVILA Staff Sergeant (E-6), U.S. Marine Corps Appellant

No. 202400100

Decided: 30 October 2024

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: William J. Mossor

Sentence adjudged 4 January 2024 by a general court-martial tried at Marine Corps Base Camp Lejeune, North Carolina, consisting of a mil- itary judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for forty-nine months, forfeiture of all pay and al- lowances, and a dishonorable discharge. 1

For Appellant: Lieutenant Raymond E. Bilter, JAGC, USN

1 Appellant was credited with having served six days of pretrial confinement. United States v. Davila, NMCCA No. 202400100 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 set aside the words, “on divers occasions,” in Specification 2 of Charge II. 2 We have determined that the remaining findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substan- tial rights occurred. 3 The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

2 See United States v. Rodriguez, 66 M.J. 201, 203-04 (C.A.A.F. 2008); see also

United States v. Kendall, No. 201600326, 2017 CCA LEXIS 207, *34 (N-M. Ct. Crim. App. March 30, 2017) (unpublished). 3 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.