United States v. Davis

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: August 29, 2019
• Docket: 201900012
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HITESMAN, CRISFIELD, and C. STEPHENS, Appellate Military Judges _________________________

UNITED STATES Appellee

v.

Gabriel A. DAVIS Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 201900012

Decided: 29 August 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judges: Lieutenant Colonel Jeffrey V. Munoz (arraignment); Major John Ferriter, USMC (trial). Sentence adjudged 11 September 2018 by a general court-martial convened at Marine Corps Air Station Yuma, Arizona, consisting of a military judge sitting alone. Sentence approved by the convening authority: reduction to E-1, confinement for 6 months, and a bad-conduct discharge. For Appellant: Captain Valonne L. Ehrhardt, USMC. For Appellee: Brian K. Keller, Esq. _________________________

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 approved findings and sentence are cor- United States v. Davis, No. 201900012

rect in law and fact and that no error materially prejudicial to the appellant’s substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. The findings and sentence as approved by the convening authority are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court