United States v. GONZALEZ-II

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: October 22, 2021
• Docket: 201800283
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, PENNIX, and HOUTZ Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Calixto GONZALEZ, Jr. Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 201800283

Decided: 22 October 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary upon further review

Military Judges: Matthew J. Kent (arraignment) Jeffrey V. Munoz (trial)

Sentence adjudged 31 May 2018 by a general court-martial convened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence approved by the convening authority: reduction to E-1, confinement for four years, and a dishon- orable discharge.

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

For Appellee: Brian K. Keller, Esq. United States v. Gonzalez, NMCCA No. 201800283 Opinion of the Court

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

PER CURIAM: On 17 December 2019, we set aside the convening authority’s Action and returned the case to the Judge Advocate General for submission to an appropriate convening authority for preparation of a new Action. 1 The case has been returned to us with a new Action for completion of appellate review. 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

1 See United States v. Gonzalez, No. 201800283, 2019 CCA LEXIS 509 (N-M. Ct.

Crim. App. Dec. 17, 2019) (unpublished order). 2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.