United States v. Libby

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: March 19, 2020
• Docket: 201900270
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KING, GASTON, and, COGLEY, Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Michael S. LIBBY Fire Controlman First Class (E-6), U.S. Navy Appellant

No. 201900270

Decided: 19 March 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Michael J. Luken

Sentence adjudged 29 May 2019 by a general court-martial convened at Naval Station Norfolk, Virginia, consisting of a military judge sitting alone. Sentence approved by the convening authority: reduction to E-3, confinement for 2 years, and a bad-conduct discharge.

For Appellant: Captain Brian L. Farrell, USMCR

For Appellee: Brian K. Keller, Esq.

This opinion does not serve as binding precedent, but may be cited as persuasive authority under NMCCA Rule of Appellate Procedure 30.2. United States v. Libby, No. 201900270

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. Articles 59 and 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court