United States v. Smith

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: March 31, 2021
• Docket: 202000197
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before STEPHENS, DEERWESTER, and FOIL Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Jonathan C. SMITH Corporal (E-4), U.S. Marine Corps Appellant

No. 202000197

Decided: 31 March 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: John P. Norman

Sentence adjudged 19 May 2020 by a special court-martial convened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 12 months, 1 and a bad-conduct discharge.

For Appellant: Captain Jeremiah J. Sullivan, JAGC, USNR

For Appellee: Brian K. Keller, Esq.

1 The convening authority suspended confinement in excess of 6 months pursuant to a plea agreement. United States v. Smith, NMCCA No. 202000197 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, 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. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court