United States v. Powers

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: June 25, 2020
• Docket: 201900262
• Status: Published

Opinion

Before KING, LAWRENCE, and STEWART Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Daniel C. POWERS Corporal (E-4), U.S. Marine Corps Appellant

No. 201900262

Decided: 25 June 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Wilbur Lee

Sentence adjudged 5 June 2019 by a special court-martial convened at Marine Corps Base Hawaii, consisting of a military judge sitting alone. Sen- tence in the Entry of Judgment: reduction to E-1, confinement for eight months, 1 forfeiture of $1,100 pay per month for eight months, and a bad- conduct discharge.

For Appellant: Lieutenant Commander W. Scott Stoebner, JAGC, USN

For Appellee: Brian K. Keller, Esq.

1 The convening authority suspended confinement in excess of 60 days pursuant to a pre- trial agreement. United States v. Powers, NMCCA No. 201900262 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. Arti- cles 59, 66, UCMJ, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court