United States v. RODRIGUEZ

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: January 29, 2025
• Docket: 202400005
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, KIRKBY, and THORNHILL Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Carlos A. RODRIGUEZ Private First Class (E-2), U.S. Marine Corps Appellant

No. 202400005

Decided: 29 January 2025

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Matthew M. Harris (arraignment) Derek A. Poteet (motions and trial)

Sentence adjudged 7 September 2023 by a special 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 79 days, and a bad-conduct discharge. 1

For Appellant: Lieutenant Commander Thomas O. Walker, JAGC, USN

1 Appellant was credited with having served 103 days of pretrial confinement. United States v. Rodriguez, NMCCA No. 202400005 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, and Appellant having not challenged the factual sufficiency of this case, we have determined that the findings are correct in law, the sentence is correct in law and fact, and that no error materially prejudicial to Appellant’s substan- tial rights occurred. 2 The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

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