This opinion is subject to administrative correction before final disposition.
Before
HOLIFIELD, KIRKBY, and DALY
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Samuel P. ROSBERG
Lance Corporal (E-3), U.S. Marine Corps
Appellant
No. 202300123
_________________________
Decided: 28 November 2023
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Benjamin A. Robles
Sentence adjudged 03 March 2023 by a special court-martial convened
at Marine Corps Air Station, Beaufort, South Carolina, consisting of a
military judge sitting alone. 1 Sentence in the Entry of Judgment: reduc-
tion to E-1, confinement for 85 days, forfeiture of $1,278.00 pay per
month for 12 months, and a bad-conduct discharge. 2
1 Appellant was initially sentenced on 18 January 2023, however a post-trial 39(a),
UCMJ, hearing was held to address issues concerning what Appellant pleaded to at
the initial hearing and to correct the amount of forfeitures awarded.
2 Appellant received 61 days of confinement credit.
United States v. Rosberg, NMCCA No. 202300123
Opinion of the Court
For Appellant:
Commander Kyle C. Kneese, JAGC, USN
_________________________
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. 3
The findings and sentence are AFFIRMED.
FOR THE COURT:
MARK K. JAMISON
Clerk of Court
3 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
2