United States v. Rivas

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: October 30, 2019
• Docket: 201900162
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HITESMAN, GASTON, and KOVAC, Appellate Military Judges _________________________

UNITED STATES Appellee

v.

Emmanuel R. RIVAS Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 201900162

Decided: 30 October 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Major Terrence J. Reese, USMC. Sentence adjudged 26 March 2019 by a special court-martial convened at Marine Corps Base Camp Lejeune, North Carolina, consisting of a military judge sit- ting alone. Sentence approved by the convening authority: reduction to E-1, confinement for 150 days, and a bad-conduct discharge. For Appellant: Commander C. Eric Roper, 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). _________________________

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 the appellant’s substan- tial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. United States v. Rivas, No. 201900162

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court