United States v. Clark

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: June 29, 2020
• Docket: 202000010
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KING, STEWART, and GEIS Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Derick D. CLARK Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 202000010

Decided: 29 June 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Michael Libretto

Sentence adjudged 24 September 2019 by a general court-martial convened at Marine Corps Base Parris Island, South Carolina, consist- ing of a military judge sitting alone. Sentence in the Entry of Judg- ment: reduction to E-1, confinement for 18 months 1, and a bad- conduct discharge.

For Appellant: Captain Brian L. Farrell, USMCR

For Appellee: Brian K. Keller, Esq.

1 Pursuant to the pre-trial agreement, the convening authority suspended all confinement in excess of 15 months. United States v. Clark, NMCCA No. 202000010 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. Articles 59 and 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court