United States v. Brooks

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: August 30, 2022
• Docket: 202200126
• 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.

Austin L. BROOKS Private (E-1), U.S. Marine Corps Appellant

No. 202200126

Decided: 30 August 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Nicholas S. Henry

Sentence adjudged 22 March 2022 by a special court-martial convened at Marine Corps Base Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: con- finement for 83 days 1 and a bad-conduct discharge.

For Appellant: Lieutenant Daniel E. Grunert, JAGC, USN

1 Appellant was credited with having served 83 days of pretrial confinement. United States v. Brooks, NMCCA No. 202200126 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. 2 The findings and sentence are AFFIRMED.

FOR THE COURT:

S. TAYLOR JOHNSTON Interim Clerk of Court

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