United States v. HOPE

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: December 20, 2023
• Docket: 202300125
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, KIRKBY, and DALY Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Randolph T. HOPE Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 202300125

Decided: 20 December 2023

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Yong J. Lee

Sentence adjudged 3 March 2023 by a special court-martial convened at Marine Corps Air Station Miramar, California, consisting of a mili- tary judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for six months, forfeiture of $1,278.00 pay per month for six months, and a bad-conduct discharge. 1

1 We note that the military judge’s initial announcement regarding adjudged for-

feiture of pay was inconsistent with Rule for Courts-Martial [R.C.M.] 1003(b)(2) and that the subsequent correction was discussed via email rather than at a post-trial Ar- ticle 39(a), Uniform Code of Military Justice [UCMJ] session, as prescribed in R.C.M. 1104(b)(1)(C). However, we find no prejudice to Appellant. United States v. Hope, NMCCA No. 202300125 Opinion of the Court

For Appellant: Lieutenant Commander Doug Ottenwess, JAGC, USN

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:

MARK K. JAMISON Clerk of Court

2 Articles 59 & 66, UCMJ, 10 U.S.C. §§ 859, 866.