United States v. Robinson

This opinion is subject to administrative correction before final disposition. Before TANG, LAWRENCE, and GERRITY Appellate Military Judges _________________________ UNITED STATES Appellee v. Derrick L. ROBINSON, Jr. Corporal, (E-4) U.S. Marine Corps Appellant No. 201900301 Decided: 12 May 2020 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Michael D. Libretto Sentence adjudged 15 July 2019 1 by a general court-martial convened at Marine Corps Recruit Depot Parris Island, South Carolina, consist- ing of a military judge sitting alone. Sentence in the Entry of Judg- ment: reduction to E-1, confinement for 38 months, and a dishonorable discharge. 2 For Appellant: Captain B. L. Farrell, USMC 1 A post-Article 39(a) session was held on 15 August 2019 to address an appellate rights form correction. 2 The Convening Authority suspended confinement in excess of 36 months for a period of 38 months pursuant to a pretrial agreement. United States v. Robinson, NMCCA No. 201900301 Opinion of the Court For Appellee: Brian K. Keller, Esq. _________________________ 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 approved findings and sentence as modi- fied by this order are correct in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59, 66, Uni- form Code of Military Justice, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED. FOR THE COURT: RODGER A. DREW, JR. Clerk of Court 2