United States v. SCHMIDT

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: December 19, 2023
• Docket: 202300069
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KISOR, DALY, and MIZER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Ian A. SCHMIDT Sergeant (E-5), U.S. Marine Corps Appellant

No. 202300069

Decided: 19 December 2023

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Adam M. King

Sentence adjudged 26 October 2022 by a general court-martial con- vened at Marine Corps Base Camp Foster, Okinawa, Japan, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 28 months, and a bad-conduct dis- charge. 1

For Appellant: Captain Colin W. Hotard, USMC

1 Appellant was credited with have served 307 days of pretrial confinement. United States v. Schmidt, NMCCA No. 202300069 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.