United States v. Harper

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, STEWART, and GERRITY Appellate Military Judges _________________________

UNITED STATES Appellee

v.

Cody A. HARPER Private, (E-1) U.S. Marine Corps Appellant

No. 201900128

Decided: 22 October 2020 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Jeffrey V. Munoz Sentence adjudged 30 January 2019 by a special court-martial con- vened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence approved by the convening au- thority: confinement for 40 days and a bad-conduct discharge. 1 For Appellant: Captain Kimberly D. Hinson, 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 bad-conduct discharge was suspended and subsequently remitted by the convening authority in accordance with the pretrial agreement. United States v. Harper, No. 201900128 Opinion of the Court

_________________________

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 Appellant’s substantial rights occurred. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court