United States v. Caballero-Garcia

This opinion is subject to administrative correction before final disposition.

Before

TANG, LAWRENCE, and GERRITY

Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Victor A. CABALLERO-GARCIA

Corporal (E-4), U.S. Marine Corps Appellant

No. 201900092

Decided: 29 August 2019.

Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Major John L. Ferriter, USMC. Sentence adjudged 9 January 2019 by a special court-martial convened at Marine Corps Air Station Yuma, Arizona, consisting of a military judge sitting alone. Sentence approved by convening authority: reduction to E-1, hard la- bor without confinement for 15 days, and a bad-conduct discharge. For Appellant: Major James S. Kresge, USMC.

For Appellee: Brian K. Keller, Esq. _________________________ 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 approved findings and sentence are cor- rect in law and fact and that no error materially prejudicial to the appellant’s substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. United States v. Caballero-Garcia, No. 201900092

The findings and sentence as approved by the convening authority are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court