United States v. Moralez

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: April 29, 2021
• Docket: 202000153
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, BONNER, and HOUTZ Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

David B. MORALEZ Staff Sergeant (E-6), U.S. Marine Corps Appellant

No. 202000153

Decided: 29 April 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Wilbur Lee

Sentence adjudged 10 March 2020 by a general court-martial con- vened at Joint Base Pearl Harbor-Hickam, Hawaii, consisting of a mil- itary judge sitting alone. Sentence in the Entry of Judgment: reduc- tion to E-1, forfeiture of all pay and allowances, confinement for 27 years, and a dishonorable discharge. 1

For Appellant: Lieutenant Commander Hannah Eaves, JAGC, USN

1 Pursuant to a plea agreement, the convening authority suspended all confine- ment in excess of 20 years. United States v. Moralez, NMCCA No. 202000153 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