United States v. Barber

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: April 28, 2021
• Docket: 202000265
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, ATTANASIO, and HOUTZ Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Tajh L. BARBER Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 202000265

Decided: 28 April 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Kyle G. Phillips

Sentence adjudged 31 July 2020 by a general court-martial convened at Marine Corps Base Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: re- duction to E-1, confinement for ten months, and a bad-conduct dis- charge.

For Appellant: Commander Michael E. Maffei, JAGC, USN

For Appellee: Brian K. Keller, Esq. United States v. Barber, NMCCA No. 202000265 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 fact and that no error materially prejudicial to Appellant’s substantial rights occurred. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court