United States v. Tesch

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: August 20, 2020
• Docket: 202000088
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KING, LAWRENCE, and GEIS Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Jonathan G. TESCH III Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 202000088

Decided: 20 August 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: John Chase Johnson (arraignment) Andrea C. Goode (trial)

Sentence adjudged 16 October 2019 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: confinement for nine months 1 and a bad-conduct discharge.

For Appellant: Commander C. Eric Roper, JAGC, USN

For Appellee: Brian K. Keller, Esq.

1 The convening authority suspended all confinement in excess of 60 days pursu- ant to a pretrial agreement. United States v. Tesch, NMCCA No. 202000088 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