United States v. Botello

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: September 21, 2020
• Docket: 202000106
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, CRISFIELD, and LAWRENCE Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Alexander BOTELLO Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 202000106

Decided: 21 September 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Jeffrey V. Munoz

Sentence adjudged 19 February 2020 by a general court-martial convened at Marine Corps Base Camp Pendleton, California, consist- ing of a military judge sitting alone. Sentence in the Entry of Judg- ment: confinement for 18 months, 1 reduction to E-1, and a bad- conduct discharge.

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

For Appellee: Brian K. Keller, Esq.

1 The convening authority suspended confinement in excess of 9 months pursuant to a pretrial agreement. United States v. Botello, NMCCA No. 202000106 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