United States v. Rios

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: September 29, 2022
• Docket: 202200094
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before DEERWESTER, BURGTORF, KIRKBY Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Roberto RIOS Logistics Specialist Seaman (E-3), U.S. Navy Appellant

No. 202200094

Decided: 29 September 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges:

Donald R. Ostrom (arraignment and motions) G. Glenn Gerding (trial)

Sentence adjudged 20 January 2022 by a general court-martial con- vened at Norfolk, Virginia, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for twelve months, forfeiture of all pay and allowances, and a dishonorable discharge.

For Appellant: Lieutenant Commander Daniel C. LaPenta, JAGC, USN United States v. Rios, NMCCA No. 202200094 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. 1

The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

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