United States v. Franco

Navy-Marine Corps Court of Criminal Appeals·Decided January 26, 2022·No. 202100155·Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, PENNIX, and STEWART Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Martin FRANCO, Jr. Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 202100155

Decided: 26 January 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Andrea C. Goode

Sentence adjudged 19 April 2021 by a special court-martial convened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence approved by the convening authority: re- duction to E-1, confinement for 10 months, 1 and a bad conduct dis- charge.

For Appellant: Commander C. Eric Roper, JAGC, USN

1 The military Judge credited Appellant with having served 52 days’ pretrial con- finement. United States v. Franco, NMCCA No. 202100155 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:

RODGER A. DREW, JR. Clerk of Court

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

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