United States v. Martinek

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: January 27, 2021
• Docket: 202000172
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before STEPHENS, DEERWESTER, and ATTANASIO Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Shalyn M. MARTINEK Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 202000172

Decided: 27 January 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Stephen F. Keane

Sentence adjudged 12 May 2020 by a special court-martial convened at Marine Corps Air Ground Combat Center Twentynine Palms, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1; forfeiture of $1,155 pay per month for four months, confinement for four months, and a bad- conduct discharge.

For Appellant: Commander C. Eric Roper, JAGC, USN.

For Appellee: Brian K. Keller, Esq. United States v. Martinek, NMCCA No. 202000172 Opinion of the Court

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. 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