United States v. Miller

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: October 30, 2020
• Docket: 202000026
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, STEWART, and HOUTZ Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Kade N. MILLER Warrant Officer (W-1), U.S. Marine Corps Appellant

No. 202000026

Decided: 30 October 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Mark D. Sameit

Sentence adjudged 17 October 2019 by a general court-martial con- vened at Marine Corps Base Camp Foster, Okinawa, Japan, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: confinement for 21 months 1 and a dishonorable discharge.

For Appellant: Lieutenant Colonel Michael D. Berry, USMCR

1 The convening authority suspended confinement in excess of 12 months pursu- ant to a pretrial agreement. United States v. Miller, No. 202000026 Opinion of the Court

For Appellee: Brian K. Keller, Esq.

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