United States v. Ybanezramirez

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: March 21, 2019
• Docket: 201800344
• Status: Published

Opinion

United States Navy–Marine Corps Court of Criminal Appeals _________________________

UNITED STATES Appellee

v.

Philip E. YBANEZRAMIREZ Corporal (E-4), U.S. Marine Corps Appellant

No. 201800344

Appeal from the United States Navy-Marine Corps Trial Judiciary. Decided: 21 March 2019. Military Judge: Lieutenant Colonel Keith A. Parrella, USMC. Sentence adjudged 20 August 2018 by a special court-martial con- vened at Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence approved by convening authority: reduction to E-1, confinement for 6 months, * and a bad-conduct discharge. For Appellant: Lieutenant Colonel Lee C. Kindlon, USMCR. For Appellee: Brian K. Keller, Esq. _________________________

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a). _________________________

* The Convening Authority suspended confinement in excess of 120 days pursu- ant to a pretrial agreement. United States v. YbanezRamirez, No. 201800344

Before HUTCHISON, TANG, and GEIS Appellate Military Judges.

PER CURIAM: After careful consideration of the record, submitted without assignment of error, we have determined that the approved findings and sentence are cor- rect in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. The findings and sentence as approved by the convening authority are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court