United States v. Rodriguez

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: February 8, 2019
• Docket: 201800265
• Status: Published

Opinion

United States Navy–Marine Corps Court of Criminal Appeals _________________________

UNITED STATES Appellee

v.

Rocky RODRIGUEZ Sergeant (E-5), U.S. Marine Corps Appellant

No. 201800265

Decided: 8 February 2019 Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Lieutenant Colonel Eugene H. Robinson, Jr., USMC Sentence adjudged 11 May 2018 by a general court-martial convened at Camp Foster, Okinawa, Japan, consisting of a military judge sitting alone. Sentence approved by convening authority: a reprimand, reduc- tion to E-1, confinement for 5 years, 1 and a dishonorable discharge. For Appellant: Lieutenant Colonel Lee C. Kindlon, USMCR. For Appellee: Brian Keller, Esq. _________________________

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a). _________________________

Before WOODARD, TANG, and LAWRENCE, Appellate Military Judges.

1 The Convening Authority suspended confinement in excess of 30 months pursu- ant to a pretrial agreement. United States v. Rodriguez, No. 201800265

PER CURIAM: After careful consideration of the record, submitted without assignment of error, we have determined that the approved findings and sentence are cor- rect in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c). The findings and sentence as approved by the convening authority are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court