United States v. Fiallo

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: September 27, 2022
• Docket: 202200101
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOUTZ, MYERS, and KISOR Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Diego FIALLO Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 202200101

Decided: 27 September 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Derek A. Poteet

Sentence adjudged 4 March 2022 by a special court-martial convened at Marine Corps Base Camp Pendleton, California, consisting of a mil- itary judge sitting alone. Sentence in the Entry of Judgment: confine- ment for 6 months, reduction to pay grade E-1, and a bad-conduct dis- charge. 1

For Appellant: Lieutenant Commander Matthew A. Kozyra, JAGC, USN

1 The sentence fell within the parameters of the plea agreement. United States v. Fiallo, NMCCA No. 202200101 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. 2 The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.