United States v. Ngo

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: January 25, 2019
• Docket: 201800309
• Status: Published

Opinion

United States Navy–Marine Corps Court of Criminal Appeals _________________________

UNITED STATES Appellee

v.

Ricky K. NGO Lance Corporal (E-3), U.S. Marine Corps Appellant _________________________

No. 201800309 _________________________

Appeal from the United States Navy-Marine Corps Trial Judiciary. Decided: 25 January 2019 _________________________

Military Judge: Lieutenant Colonel Emily A Jackson-Hall, USMC Approved Sentence: Reduction to E-1, confinement for six months, 1 and a bad-conduct discharge. Sentence adjudged 16 July 2018 by a special court-martial convened at Camp Lejeune, North Carolina, consisting of a military judge sitting alone. For Appellant: Captain Bree A. Ermentrout, JAGC, USN. For Appellee: Brian K. Keller, Esq. _________________________

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a). _________________________

1 The Convening Authority suspended confinement in excess of 120 days pursuant to a pretrial agreement. United States v. Ngo, No. 201800309

Before FULTON, HITESMAN, and ATTANASIO, Appellate Military Judges.

PER CURIAM: After careful consideration of the record, submitted without assignment of error, we have determined that the approved findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c). The findings and sentence as approved by the convening authority are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court