United States v. Gomez

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: June 27, 2019
• Docket: 201800366
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before WOODARD, FULTON, and GERDING, Appellate Military Judges _________________________

UNITED STATES Appellee

v.

Oscar GOMEZ Private (E-1), U.S. Marine Corps Appellant

No. 201800366

Decided: 27 June 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Lieutenant Colonel Mark D. Sameit, USMC. Sentence adjudged 20 August 2018 by a general court-martial convened at Ma- rine Corps Base Camp Foster, Okinawa, Japan, consisting of a mili- tary judge sitting alone. Sentence approved by the convening authori- ty: confinement for 62 months 1 and a dishonorable discharge. For Appellant: Lieutenant Philip K. Stevens, JAGC, USN. For Appellee: Brian K. Keller, Esq. _________________________

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a). _________________________

1 The Convening Authority suspended confinement in excess of 42 months pursu- ant to a pretrial agreement. United States v. Gomez, No. 201800366

PER CURIAM: After careful consideration of the record, submitted without assignment of error, we have determined that the approved findings and sentence are cor- rect in law and fact and that no error materially prejudicial to the appellant’s substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. The findings and sentence as approved by the convening authority are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court