United States v. Gradiz-Ii

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: May 10, 2022
• Docket: 202000183
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, ATTANASIO, and HOUTZ Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Jorge A. GRADIZ, Jr. Sergeant (E-5), U.S. Marine Corps Appellant

No. 202000183 (f rev)

Decided: 10 May 2022

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

Military Judges: Jeffrey V. Munoz (trial) Stephen F. Keane (Entry of Judgment)

Sentence adjudged 29 May 2020 by a general court-martial convened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 18 months, and a bad-conduct discharge. 1

1The convening authority suspended the reduction to E-1 for a period of six months. United States v. Gradiz, NMCCA No. 202000183 Opinion of the Court

For Appellant: Commander Michael E. Maffei, JAGC, USN

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

PER CURIAM: This case is before us for review a second time. During our initial review, we set aside the Convening Authority Action [CA Action] and Entry of Judg- ment [EOJ] and remanded for new post-trial processing. 2 Following completion of the new CA Action and EOJ, the case has returned to the Court for comple- tion 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. 3 The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

2 United States v. Gradiz, No. 202000183, 2021 CCA LEXIS 167 (N-M. Ct. Crim. App. Apr. 7, 2021) (unpublished). 3 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.