United States v. Milete

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: February 5, 2021
• Docket: 202000101
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, LAWRENCE, and STEWART Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Daniel J. MILETE Corporal (E-4), U.S. Marine Corps Appellant

No. 202000101

Decided: 5 February 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Keaton H. Harrell (arraignment) Terrance J. Reese (trial)

Sentence adjudged 16 December 2019 by a general court-martial con- vened at Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for eighteen months, forfeiture of all pay and allowances for eighteen months, and a bad-conduct discharge.

For Appellant: Lieutenant Colonel Michael D. Berry, USMCR

For Appellee: Brian K. Keller, Esq.

_________________________ United States v. Milete, NMCCA No. 202000101 Opinion of the Court

This opinion does not serve as binding precedent, but may be cited as persuasive authority under NMCCA Rule of Practice and Procedure 30.2.

PER CURIAM: After careful consideration of the record, submitted without assignment of error, we have determined that the approved findings and the sentence are correct in law and fact and that there is no error materially prejudicial to Appellant’s substantial rights. 1 The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

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