This opinion is subject to administrative correction before final disposition.
Before
HOUTZ, MYERS, and KISOR
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Diego FIALLO
Lance Corporal (E-3), U.S. Marine Corps
Appellant
No. 202200101
_________________________
Decided: 27 September 2022
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Derek A. Poteet
Sentence adjudged 4 March 2022 by a special court-martial convened
at Marine Corps Base Camp Pendleton, California, consisting of a mil-
itary judge sitting alone. Sentence in the Entry of Judgment: confine-
ment for 6 months, reduction to pay grade E-1, and a bad-conduct dis-
charge. 1
For Appellant:
Lieutenant Commander Matthew A. Kozyra, JAGC, USN
1 The sentence fell within the parameters of the plea agreement.
United States v. Fiallo, NMCCA No. 202200101
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. 2
The findings and sentence are AFFIRMED.
FOR THE COURT:
MARK K. JAMISON
Clerk of Court
2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
2