United States v. Miller

Navy-Marine Corps Court of Criminal Appeals·Decided September 17, 2021·No. 202100028·Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, STEWART, and HACKEL Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

David E. MILLER Private First Class (E-2), U.S. Marine Corps Appellant

No. 202100028

Decided: 17 September 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Angela J. Tang

Sentence adjudged 11 December 2020 by a general court-martial convened at Marine Corps Base Quantico, Virginia, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: confinement for 3 months and a bad-conduct discharge.

For Appellant: Captain Daniel J. McCoy, JAGC, USN

For Appellee: Lieutenant R. Blake Royall, JAGC, USN

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a). United States v. Miller, NMCCA No. 202100028 Opinion of the Court

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.

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