This opinion is subject to administrative correction before final disposition.
Before
HOLIFIELD, KIRKBY, and DALY
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Randolph T. HOPE
Lance Corporal (E-3), U.S. Marine Corps
Appellant
No. 202300125
_________________________
Decided: 20 December 2023
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Yong J. Lee
Sentence adjudged 3 March 2023 by a special court-martial convened
at Marine Corps Air Station Miramar, California, consisting of a mili-
tary judge sitting alone. Sentence in the Entry of Judgment: reduction
to E-1, confinement for six months, forfeiture of $1,278.00 pay per
month for six months, and a bad-conduct discharge. 1
1 We note that the military judge’s initial announcement regarding adjudged for-
feiture of pay was inconsistent with Rule for Courts-Martial [R.C.M.] 1003(b)(2) and
that the subsequent correction was discussed via email rather than at a post-trial Ar-
ticle 39(a), Uniform Code of Military Justice [UCMJ] session, as prescribed in R.C.M.
1104(b)(1)(C). However, we find no prejudice to Appellant.
United States v. Hope, NMCCA No. 202300125
Opinion of the Court
For Appellant:
Lieutenant Commander Doug Ottenwess, 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, 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, UCMJ, 10 U.S.C. §§ 859, 866.
2