This opinion is subject to administrative correction before final disposition.
Before
HACKEL, KIRKBY, and GROSS
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Nicholas H. GALARZA
Lance Corporal (E-3), U.S. Marine Corps
Appellant
No. 202300004
_________________________
Decided: 19 September 2023
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Yong J. Lee
Sentence adjudged 4 October 2022 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 six months, and a bad-conduct discharge.1
For Appellant:
Lieutenant Commander Doug Ottenwess, JAGC, USN
1 Appellant was credited with six days pretrial confinement credit. As an act of
clemency, the convening authority suspended two months of the adjudged confinement
for a period of six months, at which time, unless sooner vacated, the suspended con-
finement would be remitted without further action.
19 October 2023: Administrative Correction to correct scribners errors in the
caption.
United States v. Galarza, NMCCA No. 202300004
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, 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:
J. TRAVIS WILLIAMSON
Acting Clerk of Court
2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
2