United States v. Portesi

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: August 20, 2020
• Docket: 202000001
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, STEWART, and GEIS Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Sebastian N. PORTESI Operations Specialist Second Class (E-5), U.S. Navy Appellant

No. 202000001

Decided: 20 August 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Chad C. Temple

Sentence adjudged 18 October 2019 by a special court-martial con- vened at Naval Base San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: confinement for 120 days, reduction to E-1, a fine of $5,000, and a bad-conduct discharge.

For Appellant: Lieutenant Commander Shawn K. Collins, 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). United States v. Portesi, NMCCA No. 202000001 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. 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