United States v. Mitchell

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: October 31, 2019
• Docket: 201900134
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before TANG, LAWRENCE, and RUSSELL, Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Steven K. MITCHELL Gunnery Sergeant (E-7), U.S. Marine Corps Appellant

No. 201900134

Decided: 31 October 2019.

Appeal from the United States Navy-Marine Corps Trial Judiciary. Sentence adjudged 31 January 2019 by a special court-martial convened at Marine Corps Air Station Beaufort, South Carolina, consisting of a military judge sitting alone. Military Judge: Lieutenant Colonel Michael D. Libretto, USMC. Sentence approved by the convening authority: confinement for 220 days, reduction to pay grade E-1, and a bad-conduct discharge.

For Appellant: Commander R. Donald Evans, Jr., JAGC, USN.

For Appellee: Brian K. Keller, Esq.

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

_________________________ United States v. Mitchell, No. 201900134

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. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court