United States v. HOTZ III

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: September 21, 2023
• Docket: 202300081
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HACKEL, FLUHR, and BLOSSER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

David G. HOTZ III Private First Class (E-2), U.S. Marine Corps Appellant

No. 202300081

Decided: 21 September 2023

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Benjamin Robles (arraignment) Ryan Lipton (trial)

Sentence adjudged 5 November 2022 by a general court-martial con- vened at Marine Corps Base Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 22 months, dishonorable discharge. 1

1 Appellant received 265 days of confinement credit, consisting of 205 days of pre-

trial confinement credit and 60 days of judicially ordered credit. United States v. Hotz, NMCCA No. 202300081 Opinion of the Court

For Appellant: Lieutenant Colonel Matthew Neely, USMC

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, and Appellant having not challenged the factual sufficiency of this case, we have determined that the findings are correct in law, the sentence is correct in law and fact, and that no error materially prejudicial to Appellant’s substan- tial rights occurred. 2 The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.