United States v. Dean

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: November 25, 2020
• Docket: 202000130
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before MONAHAN, STEPHENS, and DEERWESTER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Isaiah C. DEAN Private First Class (E-2), U.S. Marine Corps Appellant

No. 202000130

Decided: 25 November 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: John P. Norman

Sentence adjudged 27 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: reduction to E-1, confinement for 24 months, and a dishonorable discharge.

For Appellant: Lieutenant Commander W. Scott Stoebner, JAGC, USN

For Appellee: Brian K. Keller, Esq.

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a). United States v. Dean, NMCCA No. 202000130 Opinion of the Court

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. 1

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

1 We note that, as the result of an apparent scrivener’s error, the “flapped” referral blocks for both the charge sheet preferred on 26 August 2019 and the charge sheet preferred on 16 September 2019 were transposed. Because we can discern no prejudice to Appellant, no corrective action is necessary.