United States v. Smith

This opinion is subject to administrative correction before final disposition. Before STEPHENS, DEERWESTER, and FOIL Appellate Military Judges _________________________ UNITED STATES Appellee v. Jonathan C. SMITH Corporal (E-4), U.S. Marine Corps Appellant No. 202000197 Decided: 31 March 2021 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: John P. Norman Sentence adjudged 19 May 2020 by a special court-martial convened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 12 months, 1 and a bad-conduct discharge. For Appellant: Captain Jeremiah J. Sullivan, JAGC, USNR For Appellee: Brian K. Keller, Esq. 1 The convening authority suspended confinement in excess of 6 months pursuant to a plea agreement. United States v. Smith, NMCCA No. 202000197 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 2