United States v. Rocco

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: June 27, 2022
• Docket: 202200050
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before STEPHENS, COGLEY, and DEERWESTER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Jeremiah D. ROCCO Private First Class (E-2), U.S. Marine Corps Appellant

No. 202200050

Decided: 27 June 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: John P. Norman

Sentence adjudged 14 December 2021 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 14 years and 6 months,1 and a dishon- orable discharge.

1 The convening authority deferred and waived automatic forfeitures, which were paid to the spouse of the accused, pursuant to a plea agreement. Also, based on the recommendation of the military judge the convening authority deferred the reduction to E-1 until the Entry of Judgment. United States v. Rocco, NMCCA No. 202200050 Opinion of the Court

For Appellant: Lieutenant Commander Daniel O. Moore, JAGC, USN

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:

KYLE D. MEEDER Clerk of Court

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