United States v. Noel

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: July 28, 2022
• Docket: 202200018
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before MONAHAN, STEPHENS, and DEERWESTER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Mogesner NOEL Corporal (E-4), U.S. Marine Corps Appellant

No. 202200018

Decided: 28 July 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Stephen F. Keane

Sentence adjudged 12 October 2021 by a special court-martial convened at Marine Corps Base Camp Pendleton, California, consisting of a mil- itary judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 7 months, 1 forfeiture of $1,190 pay per month for 7 months, and a bad-conduct discharge.

For Appellant: Major Brian L. Farrell, USMC

1 The convening authority suspended one month of forfeitures. Appellant was cred- ited with 209 days of pre-trial confinement. United States v. Noel, NMCCA No. 202200018 Opinion of the Court

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. 2 The findings and sentence are AFFIRMED.

FOR THE COURT:

S. TAYLOR JOHNSTON Interim Clerk of Court

2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.