United States v. Smith

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: April 29, 2022
• Docket: 202100253
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before MONAHAN, STEPHENS, and DEERWESTER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Caleb N. SMITH Corporal (E-4), U.S. Marine Corps Appellant

No. 202100253

Decided: 29 April 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: John P. Norman

Sentence adjudged 15 June 2021 by a general court-martial convened at Marine Corps Recruit Depot San Diego, San Diego, California, con- sisting of a military judge sitting alone. Sentence in the Entry of Judg- ment: reduction to E-1, confinement for 36 months, forfeiture of all pay and allowances, and a dishonorable discharge.

For Appellant: Commander Kyle C. Kneese, JAGC, USN United States v. Smith, NMCCA No. 202100253 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. 1 The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

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