United States v. Burke

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: October 31, 2019
• Docket: 201900146
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before TANG, LAWRENCE, and GEIS, Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Preston J. BURKE Private First Class (E-2), U.S. Marine Corps Appellant

No. 201900146

Decided: 31 October 2019.

Appeal from the United States Navy-Marine Corps Trial Judiciary. Sentence adjudged 12 February 2019 by a special court-martial con- vened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Military Judge: Lieutenant Colonel Jef- frey Munoz, USMC. Sentence approved by the convening authority: reduction to E-1, confinement for 4 days, and a bad-conduct dis- charge. 1

For Appellant: Lieutenant Commander Derek C. Hampton, JAGC, USN.

For Appellee: Brian K. Keller, Esq.

1 The convening authority suspended the bad-conduct discharge pursuant to a pretrial agreement. United States v. Burke, No. 201900146

This opinion does not serve as binding precedent, but may be cited as persuasive authority under NMCCA Rule of Appellate Procedure 30.2.

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. 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