United States v. Gilkison

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: February 10, 2021
• Docket: 202000067
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, LAWRENCE, and STEWART Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Ty C. GILKISON Sergeant (E-5), U.S. Marine Corps Appellant

No. 202000067

Decided: 10 February 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: John P. Norman (arraignment) Jeffrey V. Munoz (trial)

Sentence adjudged 10 December 2019 by a general court-martial convened at Marine Corps Base Camp Pendleton, California, consist- ing of a military judge sitting alone. Sentence in the Entry of Judg- ment: reduction to E-1 and confinement for 270 days. 1

For Appellant: Lieutenant Daniel O. Moore, JAGC, USN

1 On 8 June 2020, Appellant filed a timely appeal of the findings and sentence pursuant to Article 66(b)(1)(A), Uniform Code of Military Justice [UCMJ], 10 U.S.C. § 866(b)(1)(A). United States v. Gilkison, NMCCA No. 202000067 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. 2 The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

2 UCMJ arts. 59, 66.