United States v. Dukes

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: May 21, 2020
• Docket: 202000039
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KING, GASTON, and PENNIX Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Michael L. DUKES Gunnery Sergeant (E-7), U.S. Marine Corps Appellant

No. 202000039

Decided: 21 May 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Kevin S. Woodard

Sentence adjudged on 10 October 2019 by a general court-martial con- vened at Marine Corps Base Camp Lejeune, North Carolina, consist- ing of a military judge sitting alone. Sentence in the Entry of Judg- ment: confinement for 30 months 1 and a bad-conduct discharge.

For Appellant: Lieutenant Commander Jonathan Riches, JAGC, USN

For Appellee: Brian K. Keller, Esq.

1 Confinement in excess of 24 months was suspended pursuant to a pretrial agreement. United States v. Dukes, NMCCA No. 202000039 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 approved findings and sentence are cor- rect 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