United States v. Portillo

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: October 21, 2022
• Docket: 202200103
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, HACKEL, and MCCOY Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Brian A. PORTILLO Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 202200103

Decided: 21 October 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: John P. Norman

Sentence adjudged 25 February 2022 by a general court-martial con- vened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: re- duction to E-1, confinement for 12 months, forfeiture of $1,000.00 pay per month for 12 months, and a bad-conduct discharge. 1

For Appellant: Commander Kyle C. Kneese, JAGC, USN

1 Appellant was credited with having served 106 days of pretrial confinement. United States v. Portillo, NMCCA No. 202200103 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:

MARK K. JAMISON Clerk of Court

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