United States v. McDONALD

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: October 18, 2021
• Docket: 202000266
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, STEWART, and HACKEL Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Nathaniel B. M C DONALD Staff Sergeant (E-6), U.S. Marine Corps Appellant

No. 202000266

Decided: 18 October 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Lawrence Lee (arraignment) Wilbur Lee (motions) Melanie J. Mann (trial)

Sentence adjudged 28 August 2020 by a general court-martial con- vened at Marine Corps Base Hawaii consisting of a military judge sitting alone. Sentence in the Entry of Judgment: confinement for 19 months, reduction to pay grade E-1, and a bad-conduct discharge.

For Appellant: Lieutenant Daniel O. Moore, JAGC, USN

For Appellee: Lieutenant Megan E. Martino, JAGC, USN United States v. McDonald, NMCCA No. 202000266 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. 1 The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

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

note, however, a scrivener’s error in the Statement of Trial Results. The “Exceptions and Substitutions” block for Specification 1 of Charge III omits “and substituting the word” before “hand.” The language used for this Specification in the Entry of Judgment is correct.