United States v. Orta-Santiago

This opinion is subject to administrative correction before final disposition. Before TANG, LAWRENCE, and GERDING Appellate Military Judges _________________________ UNITED STATES Appellee v. Jose D. ORTA-SANTIAGO Corporal (E-4), U.S. Marine Corps Appellant No. 201900114 Decided: 29 August 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Lieutenant Colonel Jeffrey V. Munoz, USMC. Sen- tence adjudged 1 February 2019 by a special court-martial convened at Marine Corps Base Camp Pendleton, CA, consisting of a military judge sitting alone. Sentence approved by convening authority: reduc- tion to E-1, confinement for 8 months, 1 and a bad-conduct discharge. For Appellant: Captain W.S. Laragy, JAGC, USN. For Appellee: Brian K. Keller, Esq. _________________________ This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a). _________________________ 1 The Convening Authority suspended confinement in excess of 90 days pursuant to a pretrial agreement. United States v. Orta-Santiago, No. 201900114 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 2