United States v. BORJA

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: October 18, 2021
• Docket: 202100144
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, STEWART, and HACKEL Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Erick M. BORJA Hospital Corpsman Second Class (E-5), U.S. Navy Appellant

No. 202100144

Decided: 18 October 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Terri R. Zimmermann

Sentence adjudged 30 March 2021 by a special court-martial convened at Marine Corps Recruiting Depot San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for seven months, and a bad-conduct discharge.

For Appellant: Lieutenant Commander Matthew A. Kozyra, JAGC, USN

For Appellee: Brian K. Keller, Esq. United States v. Borja, NMCCA No. 202100144 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. 1 The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

1 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.