This opinion is subject to administrative correction before final disposition.
Before
HACKEL, FLUHR, and BLOSSER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
David G. HOTZ III
Private First Class (E-2), U.S. Marine Corps
Appellant
No. 202300081
_________________________
Decided: 21 September 2023
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judges:
Benjamin Robles (arraignment)
Ryan Lipton (trial)
Sentence adjudged 5 November 2022 by a general court-martial con-
vened at Marine Corps Base Camp Lejeune, North Carolina, consisting
of a military judge sitting alone. Sentence in the Entry of Judgment:
reduction to E-1, confinement for 22 months, dishonorable discharge. 1
1 Appellant received 265 days of confinement credit, consisting of 205 days of pre-
trial confinement credit and 60 days of judicially ordered credit.
United States v. Hotz, NMCCA No. 202300081
Opinion of the Court
For Appellant:
Lieutenant Colonel Matthew Neely, USMC
_________________________
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, and Appellant having not challenged the factual sufficiency of this case,
we have determined that the findings are correct in law, the sentence is correct
in law and fact, and that no error materially prejudicial to Appellant’s substan-
tial 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