United States v. Smith

This opinion is subject to administrative correction before final disposition. Before HITESMAN, GASTON, and GEIS, Appellate Military Judges _________________________ UNITED STATES Appellee v. Kason J. SMITH Corporal (E-4), U.S. Marine Corps Appellant No. 201900038 Decided: 30 October 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judges: Lieutenant Colonel Emily A. Jackson-Hall, USMC (arraignment); Major Terrance J. Reese, USMC (trial). Sentence ad- judged 19 November 2018 by a special court-martial convened at Ma- rine Corps Base Camp Lejeune, North Carolina, consisting of a mili- tary judge sitting alone. Sentence approved by the convening authori- ty: reduction to E-1, confinement for 7 months, 1 and a bad-conduct discharge. For Appellant: Captain William F. Halsey, 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. Smith, No. 201900038 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 the appellant’s substan- tial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED. FOR THE COURT: RODGER A. DREW, JR. Clerk of Court 2