United States v. Barlow

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: October 30, 2019
• Docket: 201900155
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HITESMAN, GASTON, and RUSSELL, Appellate Military Judges _________________________

UNITED STATES Appellee

v.

Daniel J. BARLOW III Staff Sergeant (E-6), U.S. Marine Corps Appellant

No. 201900155

Decided: 30 October 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Major Keaton H Harrell. Sentence adjudged 12 Feb- ruary 2019 by a general court-martial convened at Marine Corps Base Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence approved by the convening authority: reduction to E-1, confinement for 14 months, 1 and a bad-conduct discharge. For Appellant: Lieutenant Gregory Hargis, JAGC, USN. For Appellee: Brian K. Keller, Esq. _________________________

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a). _________________________

1 As a matter of clemency, the convening authority suspended all confinement in excess of time served as of 20 May 2019. United States v. Barlow III, No. 201900155

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 the appellant’s substan- tial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court