United States v. GARCIA

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: June 26, 2024
• Docket: 202300319
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, ATTANASIO, and McCOY Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Eliseo GARCIA Private First Class (E-2), U.S. Marine Corps Appellant

No. 202300319

Decided: 26 June 2024

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Ryan C. Lipton

Sentence adjudged 15 August 2023 by a special court-martial convened at Marine Corps Recruit Depot Parris Island, South Carolina, consist- ing of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 12 months, forfeiture of $1,278.00 pay per month for 12 months, and a bad-conduct discharge. 1

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

1 Appellant received 165 days of confinement credit. United States v. Garcia, NMCCA No. 202300319 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.