United States v. Ayers

This opinion is subject to administrative correction before final disposition.

Before

HITESMAN, GASTON, and GEIS,

Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Tyler W. AYERS

Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 201900107

Decided: 14 November 2019.

Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Lieutenant Colonel Wilbur Lee, USMC. Sentence ad- judged 24 January 2019 by a general court-martial convened at Ma- rine Corps Base Camp Kaneohe Bay, Hawaii, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, forfeiture of all pay and allowances, confinement for 7 months, and a bad-conduct discharge.

For Appellant: Lieutenant Commander W. Scott Stoebner, JAGC, USN.

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 findings and sentence are correct in law United States v. Ayers, No. 201900107 and fact and that no error materially prejudicial to the appellant’s substan- tial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court