United States v. Faustino

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: April 30, 2020
• Docket: 201900195
• Status: Published

Opinion

Before TANG, STEPHENS, 1 and ATTANASIO, Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Donismael G. FAUSTINO Chief Aviation Structural Mechanic (E-7), U.S. Navy Appellant

No. 201900195

Decided: 30 April 2020 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Jonathan T. Stephens Sentence adjudged 27 March 2019 by a general court-martial con- vened at Naval Base, San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 48 months, total forfeiture of all pay and allow- ances, and a dishonorable discharge. 2 For Appellant Lieutenant Daniel E. Rosinski, JAG, USN

1 Judge Stephens is unrelated to the trial military judge. 2 As an act of clemency, the convening authority suspended the adjudged reduc- tion to E-1 and the adjudged total forfeiture of all pay and allowances for a period of six months from the Entry of Judgment. The convening authority also waived auto- matic forfeiture of pay and allowances for a period of six months from the Entry of Judgment. United States v. Faustino, NMCCA No. 201900195 Opinion of the Court

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 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